What does it mean to be found “intentionally homeless”?
TACU members are currently supporting a fellow union member who has been called “intentionally homeless”, by the local council. By using this term, the Council are ducking their responsibility to find suitable accommodation for people in the area who are experiencing, or at risk of homelessness.
With so many people across the country struggling to access secure, affordable, good quality housing, local authorities are resorting to desparate tactics in order to cut down waiting lists and determine who is eligible for help. Demand for affordable rental housing is outstripping supply, a situation which is exacerbated as Council homes continue to be sold off faster than they are built. In 2022-2023 there were 2369 people in the Lancaster Local Authority area alone on the waiting list for Council housing.
What does “intentionally homeless” mean?
The term “intentionally homeless” comes from the 1996 Housing Act (brought in by John Major’s Conservative government), which states that:
A person becomes homeless intentionally if he deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy.
According to the charity Shelter, examples of how this is interpreted in practice include:
If you are facing eviction from a private rental property and leave at any point before the bailiffs physically come to your home.
If you lose your home because you were in rent arrears and paid any other debts before your rent.
If you have been accused of “antisocial behaviour” (a deliberately vague term that can include anything from dogs barking to playing music too loudly) and face eviction as a result.
If you had to leave, or were sacked from a job that came with accommodation.
If you choose not to take on a tenancy that you decide isn’t suitable for you (for example if the Council offers you a tenancy out of the area which is away from your family and friends).
What to do if you are accused of intentional homelessness.
Shelter offers advice on how to avoid being labelled intentionally homeless. This primarily hinges around not giving up your tenancy, staying in your current home for as long as it is possible to do so, and ensuring that rent payments are paid before any other debts.
If you have already been accused of intentional homelessness, it is advisable not to accept it, and to urgently get legal advice, ideally from a specialist legal aid lawyer. Shelter has a free emergency helpline which is open Monday to Friday 8am-6pm and can direct you to the most appropriate help. Their number is 0808 800 4444. Depending on your circumstance, for example, if you are receiving universal credit, you might be eligible for free legal advice or legal aid. Shelter should be able to advise you on this, but there is also more information here.
You have 21 days to appeal the intentionally homeless decision from when you get the letter from the Council. You can do this by asking the Council for a review and there is information about how to do this here, including a template for a what to say in an email or letter to the Council. You do not need to give reasons why when you first ask for a review, and can send any supporting information later. Once you have requested the review the Council will look into your situation again, which can take up to eight weeks.
No-one is intentionally homeless.
Calling someone “intentionally homeless” is a cruel and cynical approach to artificially cutting down demand for housing and deciding who gets help. It is a form of state-sanctioned gaslighting and as a union we stand in solidarity with anyone who has experienced this.