Intentionally Homeless
(sometimes known as “Intentionality”)
There are 5 basic conditions that must be met if a homeless person is to be offered council housing. The person must actually be homeless, they must have the right to reside in the United Kingdom as a long term resident, they must have a local connection, they must have priority housing need - and they must not be intentionally homeless.
Intentionality can be defined as “a deliberate action taken which has caused your homelessness”. It is something which affects up to 10% of our clients and is a matter which needs to be taken seriously as clients will be refused council housing if they do not comply. Here are some of the situations that may arise:
a. Rent arrears or mortgage arrears are the most common causes of intentionality.
It is expected that money is correctly budgeted and used in right priority and a roof over your head should be regarded as your main priority. Clients have sometimes used their housing benefit payments to pay off debts or even to pay for Christmas presents and this is not acceptable.
b. If you are given an eviction notice, most councils will consider you as intentionally homeless if you leave before a court possession order has been obtained to enforce your eviction. A person is not normally considered homeless until they are within 28 days of being forcibly evicted. It is, of course, costly and unpalatable to delay matters this long but to leave prematurely will render you regarded as intentionally homeless.
c. Relationship breakdown especially where violence is involved is not a sufficient reason in itself for you to be considered homeless. There needs to be proven reason for leaving a property and this should be substantiated by Police evidence and, in some cases, court action. However, if your exclusion from the property has been caused by your own anti social behaviour, you will normally be regarded as having made yourself homeless intentionally. Where there is no clear evidence of abuse, you will be considered as not homeless and expected to return home. This is particularly the case where young people fall out with their parents !
d. Property disrepair or dissatisfaction with the property or its location is not considered to be a good reason for leaving or making yourself homeless. These matters need to be resolved by negotiation with a landlord or by finding a property which is in a more suitable location however difficult that may be. Where clients have landlords who are not keeping their properties in reasonable repair, we can help clients represent their case to the landlord.
Sometimes, where a family is evicted because they have done something that has
caused their deliberate homelessness, children are placed at risk. This is not
acceptable and it is possible that the Social Services department will take the children
into care because the parents have not carried out their parental duty properly.
However, finding foster parents is not easy !
Please pray for Patricia, Daniela and Matt as they deal with these complex situations.
Bob Bailey
Editor

