Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Priority definition

What does Priority mean? Priority describes the order in which competing proprietary rights and security interests take effect against an asset and the sequence in which secured creditors are paid on enforcement or insolvency. It is a cross‑context concept informed by statute and case law (for example, land registration legislation, companies legislation on registration of charges, and equitable rules on notice). In practice, priority is usually set by time and method of perfection: creation and registration of mortgages/standard securities over land (e.g. under the Land Registration Act 2002 in England and Wales and the 2012 Scottish legislation), registration of company charges (at Companies House under...

Intentional homelessness in England and Wales: statutory tests, 'good faith' defence, causation and settled accommodation, homelessness duties (prevention, relief and s.190/main), special cases, and Welsh intentionality rules

Published by a LexisNexis Local Government expert

Practice notes

The definition

In some situations, a local housing authority (LHA) is obliged to secure accommodation for people who are homeless. A central question, when identifying the scope of any duty owed, is whether the person’s homelessness is intentional. This Practice Note sets out the factors that must be weighed, including if a deliberate act or failure to act by the applicant brought about their homelessness. These considerations must be applied when the authority assesses a case.

Intentional homelessness forms part of the statutory tests in homelessness matters under Part 7 of the Housing Act 1996 (HA 1996) and, in Wales, the Housing (Wales) Act 2014 (H(W)A 2014), and dictates which obligations may arise in a particular case for a homeless applicant. It addresses deliberate conduct or omissions by an applicant that lead to the loss of accommodation. The emphasis is on whether the operative act or omission was deliberate, rather than on any notion that the applicant chose to become homeless. In England, the main housing duty under HA 1996, s 193 only arises where the LHA is satisfied the applicant is not intentionally homeless. In Wales, the statutory framework allows greater flexibility within the scheme...

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Elizabeth England

Employed as a housing case worker in 2015 at award winning legal aid practice Turpin & Miller Solicitors in Oxford, trained and later became head of the housing team. After a series of high-profile cases, she moved to north-west specialist housing firm Pearson & Johnson Solicitors advising and representing local authorities and registered social landlords. Whilst there she obtained Higher Rights and conducted advocacy on behalf of the firm in the range of housing law issues. In 2014 was invited to join London chambers 42 Bedford Row to work with a specialist housing law team. Now represents a range of clients from inner-London borough councils to private clients in the full spectrum of housing law. Elizabeth provides regular training to the London Borough Legal Association. Recent cases include Obtaining and enforcing possession orders for...

Web page updated on 21/05/2026

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