You will be intentionally homeless if your actions have caused your homelessness. If you can show your actions were in good faith you may be unintentionally homeless. You can appeal the decision of the Housing Executive.

• When are you intentionally homeless?
• You deliberately did or didn't do something
• Your actions lead directly to your homelessness
• You could have stayed in your accommodation
• It was reasonable for you to remain in your accommodation
• What if I didn't know what was happening?
• What will the Housing Executive do if they decide I'm not intentionally homeless?
• What happens if the Housing Executive decides I'm intentionally homeless?
• What can I do if the Housing Executive says I'm intentionally homeless?

When are you intentionally homeless?

The Housing Executive will consider you intentionally homeless if you:

deliberately did or didn't do something, which caused you to leave accommodation, which you could otherwise have stayed in, and it would have been reasonable for you to stay in the accommodation.

All of these points must apply before the Housing Executive can decide that you are intentionally homeless. The Housing Executive must be satisfied that you are intentionally homeless.

The Housing Executive will also consider you intentionally homeless if they think that you agreed to leave your accommodation simply to gain permanent accommodation from the Housing Executive.

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You deliberately did or didn't do something

The Housing Executive must look at your circumstances before deciding if you did or didn't do something that made you lose your accommodation. The Housing Executive may decide you did something deliberately if:

• you didn't pay your rent or mortgage when you could afford the payments;
• you were evicted for antisocial behaviour;
• you left accommodation that you could stay in.

The Housing Executive will usually decide that you are not intentionally homeless if financial difficulties beyond your control meant you didn't pay your rent or mortgage. If you were unable to manage you affairs the Housing Executive should decide that you are not intentionally homeless.

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Your actions lead directly to your homelessness

In order to be intentionally homeless you must have had to leave your accommodation because of what you deliberately did or didn't do. The Housing Executive must look at your last settled address when deciding if you are intentionally homeless. This means that the Housing Executive should disregard any temporary accommodation you may have lived in since you became homeless.

For example, the Housing Executive will usually decide that you are intentionally homeless if you voluntarily leave accommodation you could reasonably have stayed in.

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You could have stayed in your accommodation

The accommodation must have been available for you to continue to live in. This means it must be available to:

• you and anyone who normally lives with you as a member of your family;
• any other person who would normally live with you but can't because of your circumstances.

The Housing Executive will usually decide that you are not intentionally homeless if you left your accommodation because you couldn't live together with your family. For example, a pregnant woman who leaves her home because her parents won't let the prospective father move in, won't be intentionally homeless.

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It was reasonable for you to remain in your accommodation

You will only be intentionally homeless if it was reasonable for you to remain in your accommodation. You will not be intentionally homeless if you had to leave your accommodation because:

• you, or a family member, were experiencing violence;
• you, or a family member, were being threatened with violence;
• your accommodation is in very poor condition compared with housing in Northern Ireland generally;
• you can only afford to remain in your accommodation by going without food or heat;
• your accommodation is seriously damaging your health.

You may be able to argue that it was unreasonable to expect you to stay even if you don't fit into one of these categories. You should get advice if you think it wasn't reasonable for you to stay in your accommodation.

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What if I didn't know what was happening?

The Housing Executive will usually decide that you are not intentionally homeless if you were not aware of important facts that lead to your homelessness. The Housing Executive should also decide that you are not intentionally homeless if you acted in good faith. The Housing Executive may decide that you are not intentionally homeless if:

• you gave up your home because you didn't know you had a right to stay;
• you were unaware that you had a right to benefits.

If your partner's actions lead to your homelessness, and you were not aware of their actions you may be able to claim that you are not intentionally homeless. For example, you became homeless because of rent arrears and you thought your partner was paying the rent. However, you will only be able to do this if you can show that:

• you were unaware of the other person's actions;
• you did not agree to their actions;
• you were unable to stop them.

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What will the Housing Executive do if they decide I'm not intentionally homeless?

If the Housing Executive decides that you are not intentionally homeless you are entitled to Full Duty Applicant status. This means you will be entitled to permanent accommodation from the Housing Executive. If no permanent accommodation is available you will be given temporary accommodation until permanent accommodation becomes available. Permanent accommodation is allocated according to the selection scheme.

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What happens if the Housing Executive decides I'm intentionally homeless?

If the Housing Executive decides you are intentionally homeless they must inform you in writing, explaining the reasons why you are intentionally homeless. The Housing Executive doesn't have to give you permanent accommodation as a homeless person.

However, they should provide you with temporary accommodation for a limited period to allow you to find alternative accommodation. You can usually stay in temporary accommodation for 28 days after the Housing Executive decision. The Housing Executive must also give you advice on finding alternative accommodation.

If the Housing Executive decides that you are intentionally homeless you are entitled to appeal the Housing Executive's decision. You should be entitled to temporary accommodation until the appeal process is finished.

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What can I do if the Housing Executive says I'm intentionally homeless?

If you are unhappy with the Housing Executive's decision you can appeal . If you are thinking about appealing the decision you should get advice.

If the Housing Executive decides you are intentionally homeless and you have dependent children, you may be able to get help from social services. Social services may be able to:

• provide accommodation;
• help you raise money for a deposit for private accommodation.

You may want to consider renting privately if the Housing Executive decides that you don't meet all the legal tests. Renting privately is usually more expensive than renting from the Housing Executive. The quality of your accommodation can also vary widely.

Advice about homelessness is available from Housing Rights Service.

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