Homelessness is one of the most researched areas of interdisciplinary study. A huge body of knowledge has been accumulated, and some questionable assumptions generated (for example, about its causes – see Fitzpatrick 2005 for discussion). In this chapter, rather than engaging with that broad literature, we undercut it. One of the issues might be framed as ‘what is homelessness?’. One can theorise about this question (see Neale 1997 for an excellent account), of course, but here an account is developed which places the legislation (Housing Act 1996, Part VII) and, more, its construction both by the courts and everyday decision-making, at the forefront. All too often accounts of ‘homelessness’ fail to appreciate that the legislation provides an important context to the discussion, or that legislation is misinterpreted. This is the case in media accounts, particularly, but it is also true of accounts given by those who should know better, particularly politicians.

This focus on homelessness law does not diminish either the politics of homelessness or exaggerate the importance of that law. Homelessness law is intensely political and politics drips both from the wording of the legislation as well as the words uttered by judges. Indeed, that law has been cited as a particular cause in itself of homelessness: people make themselves homeless, it is said, in order to take advantage of the legislative protection. It creates a ‘perverse incentive’ (DoE 1994: 2.7–8).