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Guides › Rent and Deposits › Intentional Homelessness and Rent Arrears: What It Means

Intentional Homelessness and Rent Arrears: What It Means

A council may find you intentionally homeless only if you deliberately did or failed to do something that caused you to leave accommodation that was available and reasonable to keep. The guidance says arrears from financial difficulties beyond your control, or benefit delays, should generally not be treated as deliberate. If found intentionally homeless with priority need, you are owed a lesser duty: advice, assistance and accommodation for a reasonable period.

Rules checked against the official sources listed below General information, not legal advice

At A Glance

Deliberateact or failure is needed
Beyond your controlarrears generally not intentional
Chance to explaincouncil must give you one

Your Rights

What the rules say, with a link to the official source for each.

What the Guidance Says

  • Definition

    Under section 191(1) you are intentionally homeless if you deliberately did or failed to do something that caused you to stop occupying accommodation, the accommodation was available to you and it would have been reasonable to keep occupying it. source

  • Rent Arrears

    Non-payment from financial difficulties beyond your control, or Housing Benefit or Universal Credit delays, should generally not be treated as deliberate. Arrears are not intentional where you were genuinely unable to keep up payments even after claiming benefits and no further help was available. Councils must examine why arrears built up and whether you could afford the rent when you took the tenancy. "Wilful and persistent refusal to pay rent" is an example of deliberate conduct. Arrears caused by not knowing about possible benefit entitlement may be made in good faith. source

Your Protections

  • Process

    Each case must be decided individually. You must be given the chance to explain your behaviour. Acts done in good faith without knowing a relevant fact are not deliberate, and acts forced by circumstances such as duress should generally not count. If found intentionally homeless with priority need, you are owed advice and assistance and accommodation for a reasonable period, not the main housing duty. From 30 September 2026 certain care leavers cannot be found intentionally homeless. source

Time Limits to Know

Miss a deadline and you can lose a right. Check the dates on your own paperwork.

  • Individual
    Each case decided on its factsNo blanket policies

Steps to Take

Step 1 of 5

Tell the council why arrears built up and what you did to try to pay or claim help.

Step 2 of 5

Keep proof of benefit claims, delays, income changes and messages with your landlord.

Step 3 of 5

Ask for the decision in writing with its reasons.

Step 4 of 5

Ask for a review straight away if you disagree.

Step 5 of 5

Get free advice from Shelter or Citizens Advice.

(Tap the numbers to reveal steps)

Where to Go If It Is Not Put Right

Your options, in order, and when each one applies.

Your Local Council

Housing or environmental health team. It can act on landlord breaches.

Shelter England

Free advice on deposit claims and eviction notices.

Citizens Advice

Free advice on any renting problem.

Good to Know

Small things that make your complaint stronger.

This page summarises official guidance and is not legal advice.

Scotland, Wales and Northern Ireland have different housing rules.

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Luke Marley

Lead reviewer

Luke Marley

Founder and Lead Reviewer

Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.

Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.

Last checked: 14 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.

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