Local connection and intentionality provisions in homelessness legislation: consultation
This consultation paper invites your views on commencing the Local Connection and Intentionality provisions in the Homelessness etc. (Scotland) Act 2003.
Annex D
Definition of Intentionality in the House (Scotland) Act 1987
26.— Becoming homeless intentionally.
(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.
(2) A person becomes threatened with homelessness intentionally if he deliberately does or fails
to do anything the likely result of which is that he will be forced to leave accommodation which
is available for his occupation and which it would have been reasonable for him to continue to
occupy.
(3) For the purposes of subsection (1) or (2) 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.
(4) Regard may be had, in determining for the purpose of subsections (1) and (2) whether it would
have been reasonable for a person to continue to occupy accommodation, to the general
circumstances prevailing in relation to housing in the district of the local
Contact
Email: Marion Morris
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