Period for which intentionality decision lasts

A person cannot be intentionally homeless for all time. Nor should there be a fixed period of disqualification. [1]

Any new application should be considered on its merits. [2] The Code of Guidance states, 'if there is reason to believe that there has been a change of circumstance, for example if through social work support the behaviour of a person evicted for anti-social behaviour has improved, or if some genuine efforts are being made to reduce rent arrears, then there may well be sufficient grounds to merit a review of the earlier decision, taking into account the altered circumstances'. [3]

However, a change in circumstances will not necessarily bring an end to an individual being classed as intentionally homeless.

In an English case a woman that had previously been deemed intentionally homeless took up a new tenancy in the private rented sector. The flat was overcrowded and too expensive and she was eventually evicted. The authority claimed that the woman had no reason to believe she could afford the property and had said in an interview that she had been advised to rent private accommodation for one or two years and then reapply as homeless. It was held that the council was allowed to take this into account when assessing the woman's latest application. This shows the court's willingness to look at the intention of the applicant as well as the objective facts of the case. [4]

Where the application does reveal substantive new facts, the authority have to make inquiries, secure interim accommodation, and issue a decision on the application in the normal way. [5]

Where an applicant applies to another authority the second local authority can consider what the first authority discovered in its investigations but it must form its own conclusions based upon its own inquiries. [6]