'Intentionally homeless' Does this include being unable to afford where you live?

[solidgoldbrass]

Eviction looming; I have been late with the rent more than once. If we can't find anywhere else to live because no one will take a tenant on housing benefit who has been late with rent, will we be considered 'intentionally homeless' and told to sod off by the council?

Bumping as scared.

Are you in council accom now?

Can you go in and discuss it with the council and see if they can help? If they can't help sort the rent then most councils do a guaranteed deposit scheme especially if you have children.

Phew, slightly more sorted. Went and wept all over the letting agents, who were very very nice and sympathetic and said that a) Landlord cannot evict me in fourteen days whatever he thinks, we are safe to stay here till mid-April and b) they will not refuse to deal with me again themselves and will in fact get to work looking for a cheaper home for us.
Now I just have to fend off the rest of the creditors until my first pay cheque from new job.

Have you actually been issued with any threats? Is there a reason for struggling to meet the rent payments (debt)?
Sounds like you're (understandably) worrying about a situation that hasn't actually arisen yet. Might be worth contacting Citizens' Advice to get a clearer picture of where you might stand.
If there are debts affecting your ability to pay, you could draw up a budget and make offers of lower payments to free up money for the rent.

Just don't leave what ever you do!

No matter how many 'threats' etc do not leave until a bailiff removes you.

I know that sounds really awful but it IS the only way your unintentionally homeless.

I have been there, our private let was sold whilst we were tennants and being naïve we calmly left the day the keys were handed to a new owner, huge huge mistake. Six months in a bnb 3 court cases to prove we were good tennants and didn't choose to leave (in their eyes we did) every penny we had gone on storage, costs etc. And eventually we got some help from a charity in the next county.

I really hope it doesn't come to that for you but err on the side of caution, agencies do lie and many many landlords cannot accept housing benefit due to clauses in there mortgage, so all the help in the world won't make a property you can have appear.

Well have had a verbal threat of eviction from the landlord but the agents did say that they wouldn't be able to evict until I was two months in arrears, and given that we have lived here for 7 years they won't evict on discretionary clauses. However, the tenancy comes to an end in March and landlord can choose not to renew, but at least that does mean a couple of months' breathing time to find new home.

If you are evicted (and you should always wait to be evicted) for not paying your rent, whilst you have 'deliberately' failed to pay your rent, you would not be intentionally homeless if it would not otherwise be reasonable to continue to occupy the property - so if the property is unaffordable, and they would take into account all your spending and debts, they may find that you are not intentionally homeless.

However, if you have been imprudent with your money, racked up debts for luxuries, taken on high interest loans etc, they may have little sympathy and may try to find your have lived beyond your means, your rent would have been affordable otherwise and you are intentionally homeless.

If it is a case of income changing and a property thereafter becoming unaffordable you stand a better chance of being rehoused.

HTH

SGB, shelter give great advice on this kind of thing. Hard to get through to but worth persevering.