Are Landlords Allowed to Discriminate Against Renters with Mental Health Conditions in England?

If you're a renter in England living with a mental health condition, you might wonder whether landlords are allowed to treat you differently or refuse to let you rent because of your condition. This article explains what the law says, your rights under English legislation, and what steps you can take if you face discrimination from a landlord.

Legal Protections for Renters with Mental Health Conditions

In England, it is illegal for landlords to discriminate against you because of a mental health condition. Mental health issues are protected as a form of disability under the Equality Act 2010^[1]. The law considers a disability to be a physical or mental impairment that has a substantial and long-term effect on your ability to carry out normal daily activities.

What Counts as Discrimination?

• Direct discrimination: If a landlord refuses to rent to you because you have a mental health condition.
• Indirect discrimination: If a landlord has a rule or policy that puts people with mental health conditions at a disadvantage, unless it can be justified for legitimate reasons.
• Harassment or victimisation: If a landlord treats you unfairly or badly because you complain about discrimination or support someone who does.

The Equality Act also requires landlords to make reasonable adjustments to their properties or practices to ensure people with disabilities, including mental health conditions, aren't unfairly disadvantaged.

Your Rights Under Tenancy Law

The Housing Act 1988^[2] and the Equality Act 2010 work together to protect tenants. For assured and assured shorthold tenancies (the most common types in England), landlords must follow legal procedures if they wish to end a tenancy or set rules. They cannot use your mental health as a reason to evict you or increase your rent unfairly.

The Role of Tribunals

If you believe you've faced discrimination, you can take your case to the First-tier Tribunal (Property Chamber) for housing issues, or to a court for discrimination claims. The tribunal deals with problems related to rent, lease terms, and property management, while discrimination issues are often heard by the County Court under the Equality Act.

Taking Action: What Can You Do?

If you think your landlord has discriminated against you because of a mental health condition, you have options:

• Contact your landlord in writing to explain the situation and ask for fair treatment.
• Seek advice from your local council’s housing team or dedicated services such as Shelter or Citizens Advice.
• Make a formal complaint to your local council’s housing department if the landlord refuses reasonable adjustments or continues to discriminate.
• Apply to the tribunal or court if the issue is not resolved.

In some situations, you may need to use official forms. For housing disputes, particularly regarding rent or tenancy terms, you can use the following:

• Application to the First-tier Tribunal (Property Chamber) – Form T600: Use this if you wish to challenge your landlord’s actions related to your tenancy. For example, if you believe your landlord is evicting you because of your mental health, submit Form T600 to the tribunal. See Form T600: Application to the Tribunal

For complaints directly about discrimination (separate from general tenancy issues), you may need to apply to the County Court. For general dispute guidance, check how to complain about your landlord on GOV.UK.

Reasonable Adjustments: What Can You Ask For?

The law means landlords must consider making reasonable changes to policies or properties if it would help you manage your tenancy equally. Examples include:

• Flexible communication methods (e.g., emails instead of phone calls if you have anxiety)
• Permission for a support animal (if this relates to your condition)
• Allowing extra time to respond to rental paperwork

Landlords do not have to make changes that would fundamentally alter the building or cause undue difficulty, but they must seriously consider what can be done to help.

FAQ: Your Questions Answered

1. Can my landlord ask about my mental health?
   Landlords can only ask about your health if it’s relevant (for example, to make reasonable adjustments). They must keep such information confidential.
2. What should I do if I believe I’m being discriminated against?
   Document the incidents, keep all communication, and seek advice from organisations like Shelter or Citizens Advice before deciding your next steps.
3. Are mental health issues treated as a disability by law?
   Yes – if your mental health condition has a substantial and long-term adverse effect on your daily life, it counts as a disability under the Equality Act 2010.
4. Can my landlord evict me because of my mental health?
   No – your landlord cannot legally evict you because of your mental health. Any eviction still must follow the required legal process under the Housing Act 1988.
5. Where can I get help to challenge discrimination?
   You can contact local authorities, the First-tier Tribunal (Property Chamber) for housing matters, or seek help from Citizens Advice and Shelter.

Conclusion: Key Takeaways

• Landlords in England cannot discriminate against renters with mental health conditions—it is protected under the Equality Act 2010.
• You have the right to request reasonable adjustments and challenge unfair treatment.
• Support and formal complaint routes are available through courts, tribunals, and national advice services.

Understanding your rights can help you take confident steps to address discrimination and secure a fair renting experience.

Need Help? Resources for Renters

• GOV.UK: Tenants’ Rights and Responsibilities
• First-tier Tribunal (Property Chamber)
• How to Complain About Your Landlord (GOV.UK)
• Shelter: Get Housing Advice
• Citizens Advice: Discrimination in Housing

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1. Equality Act 2010 (legislation.gov.uk)
2. Housing Act 1988 (legislation.gov.uk)

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