Section 191 Becoming homeless intentionally.C1

England and Wales

(1)

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.

F1(1ZA)

But a person does not become homeless intentionally in a case described in any of subsections (1A) to (1C).

F2(1A)

F3The first case is where—

(a)

the accommodation the person ceases to occupy is supported exempt accommodation,

(b)

the person’s reason for ceasing to occupy the accommodation relates to the standard of the accommodation, or the standard of care, support or supervision provided there, and

(c)

the accommodation, or the care, support or supervision provided there, does not meet National Supported Housing Standards.

“Supported exempt accommodation” has the meaning given by section 12 of the Supported Housing (Regulatory Oversight) Act 2023.

F4(1B)

The second case is where the person is a relevant child within the meaning given by section 23A(2) of the Children Act 1989.

(1C)

The third case is where the person is a former relevant child within the meaning given by section 23C(1) of that Act and aged under 25.

(2)

For the purposes of subsection (1) 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.

(3)

A person F5, other than a person described in subsection (1B) or (1C), shall be treated as becoming homeless intentionally if—

(a)

he enters into an arrangement under which he is required to cease to occupy accommodation which it would have been reasonable for him to continue to occupy, and

(b)

the purpose of the arrangement is to enable him to become entitled to assistance under this Part,

and there is no other good reason why he is homeless.

F6(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 191(1ZA) inserted (30.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 9(1)(a), 78(5) (with s. 9(2)); S.I. 2026/803, reg. 6(c)
F2: S. 191(1A) inserted (29.8.2023) by Supported Housing (Regulatory Oversight) Act 2023 (c. 26), ss. 9, 14(2)
F3: Words in s. 191(1A) substituted (30.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 9(1)(b), 78(5) (with s. 9(2)); S.I. 2026/803, reg. 6(c)
F4: S. 191(1B)(1C) inserted (30.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 9(1)(c), 78(5) (with s. 9(2)); S.I. 2026/803, reg. 6(c)
F5: Words in s. 191(3) inserted (30.9.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 9(1)(d), 78(5) (with s. 9(2)); S.I. 2026/803, reg. 6(c)
F6: S. 191(4) repealed (31.7.2002 for E. and 30.9.2002 for W.) by 2002 c. 7, s. 20(1), Sch. 2 (with s. 20(4)); S.I. 2002/1799, art. 2; S.I. 2002/1736, art. 2(1), Sch. Pt. 1

Modifications

C1: Ss. 183-218 modified (3.4.1997) by S.I. 1997/797, art.2(1)

Notes on Part VII

Textual amendments

F1: Words in Pt. VII title inserted (27.4.2015) by Housing (Wales) Act 2014 (anaw 7), s. 145(3), Sch. 3 para. 4; S.I. 2015/1272, art. 2, Sch. para. 53 (with art. 7)

Modifications

C1

Pt. VII (ss. 175-218) modified (20.1.1997) by S.I. 1996/3205, art. 3, Sch.2

Pt. VII (ss. 175-218) applied (with modifications) (temp.) (6.12.1999) by S.I. 1999/3126, arts.2, 7

Pt. VII (ss. 175-218): power to apply (with modifications) (transitional provision) (11.11.1999) by 1999 c. 33, s. 169(2), Sch. 15 para. 13