Applicant must have ceased to occupy accommodation
When assessing intentionality the applicant must have ceased to occupy the accommodation in question.
Ceased to occupy
'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.'
This means that an applicant who refuses an offer of accommodation made under the Housing (Scotland) Act 1987 cannot be seen as intentionally homeless since they will never have occupied the accommodation.
The authority may say however, that it has discharged its duty towards the applicant by offering accommodation.
The offer of accommodation should not be overcrowded or a danger to health. [1] In addition, it must meet any special needs of the applicant and any other person who normally resides with her/him as a member of her/his family and be reasonable to occupy. [2]
In order to establish intentional homelessness of an overseas applicant it is not enough to show that the applicant arrived in Britain without ensuring that they had permanent accommodation here. [3] The authority must show that the applicant deliberately ceased to occupy accommodation which was 'available' and 'reasonable to continue to occupy' in the applicant's own country.
Last updated: 18 November 2019