Accommodation must have been available to applicant

'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. In addition, an act or omission in good faith on the part of a person, who was unaware of any relevant fact, shall not be treated as deliberate.'

The Housing (Scotland) Act 1987 states 'accommodation shall be regarded as available for a person's occupation only if it is available for occupation by him and by any other person who might reasonably be expected to reside with him'. [1]

Accommodation which is overcrowded, or where only part of the household can stay (split family), or in which an applicant is at risk of domestic violence is not 'available' and an applicant should not be seen as intentionally homeless for leaving such a dwelling.

In the case of Ali, [2] the judge said he found it 'astonishing' that an authority could consider that one room 10ft x 12ft was accommodation available for a couple with five children. When exercising its duties in relation to someone who is homeless or threatened with homelessness, a local authority must have specific regard to the best interests of any dependent children. [3]