Definition of becoming homeless intentionally
Section 26 of the Housing (Scotland) Act 1987 gives the definition of intentional homelessness. All six elements have to be satisfied before the local authority can decide that the homelessness was intentional.
Definition of intentionally homeless
A person becomes homeless intentionally if they: [1]
have deliberately done, or failed to do anything,
the consequence of which is that
they cease to occupy accommodation,
which is available for their occupation, and
which would have been reasonable for them 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.
If even one part of the above list does not apply this is sufficient to show that the applicant cannot be considered to be homeless intentionally.
Even if the applicant is deemed to be intentionally homeless the authority will still have some degree of duty toward them. See local authority duties for more information.
Last updated: 18 November 2019