Mental Health Housing Rights for Renters in England

If you rent your home in England and are affected by mental health issues, you have certain rights and protections under the law. Understanding these can help you secure fair treatment and access support if you face problems with your landlord relating to your mental health.

How Mental Health is Protected in Housing Law

Mental health conditions are recognised as disabilities under the Equality Act 2010, provided they have a substantial and long-term adverse effect on your daily life. This means renters living with mental health disabilities are entitled to protection from discrimination and can request certain adjustments to help them live safely and independently.

Relevant Legislation: Your Housing Rights

• Equality Act 2010 – Offers protection from discrimination due to disability, including mental health conditions.
• Housing Act 1985 and updated housing law, covering repairs and safety responsibilities.
• Housing Act 1988 – Sets out rules on tenancy, evictions, and your rights as a renter.

The official tribunal handling private and social housing disputes in England is the First-tier Tribunal (Property Chamber).

Your Rights as a Renter with Mental Health Needs

Renters in England who live with a mental health condition are protected under the law from discrimination by their landlord or letting agent. These rights mean your landlord must not treat you less favourably or refuse reasonable adjustments because of your mental health.

• Right to Reasonable Adjustments: You can ask your landlord to make reasonable changes to your home or tenancy management to help you live more comfortably (for example, allowing a support worker visit or making written communication available).
• Protection from Eviction: If you are facing eviction and mental health is a factor, courts and tribunals must consider your vulnerability and whether your landlord has made reasonable adjustments.
• Access to Support: Local councils must assist renters who may be particularly vulnerable due to mental health, including during homelessness applications.

Applying Reasonable Adjustments: Practical Example

If your anxiety worsens when communicating by phone, you could officially request that your landlord provides written correspondence. Your landlord must consider such adjustment unless it is unreasonable for their situation.

Official Forms to Know

• Discrimination Complaint Form (EHRC): If you believe you have been discriminated against due to a mental health condition, you can use the EHRC complaint form. Practical example: After a landlord refuses your request for a reasonable adjustment, this form can start an official complaint process.
• Section 8 Notice Seeking Possession (Form 3): Used by landlords to start proceedings for eviction. If you receive this, and your mental health is a relevant factor, make sure to let the court know as early as possible. See Form 3 on GOV.UK.
• Personal Housing Plan: Initiated during a homelessness application with your council. Let your local authority know about your mental health needs, so they can consider this in their plan. Learn more about homelessness applications.

Action Steps if You Face Discrimination or Eviction

• Keep written records of your communication with your landlord.
• Request reasonable adjustments in writing, explaining how your mental health condition affects your housing.
• If you receive an eviction notice, contact your local council and inform the court or tribunal about your mental health situation.
• If your landlord refuses adjustments or discriminates, consider using the Equality Advisory and Support Service or the EHRC complaints process.

If you feel overwhelmed, organisations like Shelter and Mind can provide advice and help with your next steps.

FAQ: Mental Health and Housing Rights in England

1. Is my landlord allowed to evict me because of my mental health?
   No, it is unlawful for your landlord to evict you because of your mental health condition. However, you can be evicted for legal reasons unrelated to your health, but if you are vulnerable, this must be considered by the court or tribunal.
2. What adjustments can I ask for under the Equality Act?
   You may request changes such as a different way of communicating, flexibility with appointments, or permission for a carer to help you. Landlords must consider these unless unreasonable.
3. Where do I complain if I'm discriminated against by my landlord?
   Start with your local council or use the Equality and Human Rights Commission’s complaint form. You may also raise a case with the First-tier Tribunal (Property Chamber).
4. Will the council provide extra help if I apply as homeless?
   Yes. Councils have a duty to support people who are more vulnerable, including those with mental health conditions. Tell them as early as possible about your needs.
5. Which laws protect my rights if I have mental health needs?
   The Equality Act 2010 and the Housing Act 1988 are the main laws safeguarding renters with mental health conditions.

Conclusion: Key Takeaways for Renters

• If you have a mental health condition, the law protects you from discrimination and eviction based on your disability.
• You can request reasonable adjustments—your landlord must consider these and cannot treat you unfairly.
• If you believe your rights have been breached, use official forms and seek help from government or advocacy services quickly.

It’s vital to know your rights and seek support early if you face challenges related to mental health and renting.

Need Help? Resources for Renters

• Department for Levelling Up, Housing and Communities
• Shelter England: Free expert advice for renters
• Equality Advisory and Support Service (EASS): Advice on discrimination and disability rights
• Mind: Mental health and housing information
• First-tier Tribunal (Property Chamber): For rental disputes and discrimination cases
• Find your local council for homelessness help and complaints

---

1. Equality Act 2010: Official legislation text
2. Housing Act 1988: Section on tenancies and evictions
3. Housing Act 1985: Duties of landlords and tenants
4. First-tier Tribunal (Property Chamber): Official government resource
5. Discrimination complaint form (EHRC): File a discrimination complaint
6. Section 8 Form 3: Official eviction notice form
7. Homelessness help: Apply for help from your council

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation