Publication - Consultation paper

Local connection and intentionality provisions in homelessness legislation: consultation

Published: 31 Jan 2019
Directorate:
Housing and Social Justice Directorate
Part of:
Housing, Law and order
ISBN:
9781787815544

This consultation paper invites your views on commencing the Local Connection and Intentionality provisions in the Homelessness etc. (Scotland) Act 2003.

33 page PDF

619.6 kB

33 page PDF

619.6 kB

Contents
Local connection and intentionality provisions in homelessness legislation: consultation
Annex D

33 page PDF

619.6 kB

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