Housing Support Rights for Tenants with Mental Illness in Scotland

Mental Health, Disability & Vulnerable Renters’ Rights Scotland published: June 29, 2025 Flag of Scotland

If you're renting in Scotland and living with a mental illness, it's vital to know your rights and available support. Scottish law protects tenants, including those with mental health conditions, ensuring fair treatment and help when navigating tenancy challenges. This guide will walk you through your options, what support is available, and how to get the help you need.

Your Tenancy Rights When Living with Mental Illness

Scottish housing law safeguards tenants with mental health challenges. The Private Housing (Tenancies) (Scotland) Act 2016 sets out protections for renters, preventing discrimination and offering specialised support for vulnerable tenants[1].

  • Protection from Discrimination: The Equality Act 2010 makes it unlawful for landlords to discriminate against tenants due to mental illness or disability. Reasonable adjustments may be required to help you live safely and independently.
  • Eviction Safeguards: Landlords must follow strict legal procedures if seeking eviction, and extra time or support may be available to vulnerable tenants.
  • Repairs and Maintenance: Landlords must keep accommodation in good repair. If your mental health is affected by poor conditions, you are entitled to request repairs.

Support and Adaptations for Mental Health

If your mental health is affected by your living environment, Scottish law requires landlords to consider reasonable adaptations. These could include:

  • Allowing support workers or carers to visit your home
  • Modifying fixtures to reduce anxiety or improve safety
  • Flexible procedures for rent payments during a mental health crisis

You can formally request adjustments in writing. The landlord has a duty to respond and must not unreasonably refuse.

What To Do If You Face Difficulties

If you're struggling with rent, facing a notice to leave, or need adaptations due to your mental health:

  • Contact your landlord in writing about your needs and request reasonable adjustments
  • If communication breaks down, seek support from your local council’s homelessness service or a national advocacy organisation
  • Keep detailed records of all requests and responses for future reference
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Key Forms and Legal Processes for Tenants

Understanding official forms and processes can help you exercise your rights. Here are some you may encounter:

  • Notice to Leave (Form AT6): Landlords use this if they wish to regain possession of a property under the Housing (Scotland) Act 1988. If you receive one, you have the right to challenge it at the First-tier Tribunal for Scotland (Housing and Property Chamber). Access the Notice to Leave template and guidance here.
    Example: If your landlord issues you an AT6, you can submit a response or appeal, especially if you believe the reason is linked to your mental health or disability.
  • Application to the First-tier Tribunal (Housing and Property Chamber): If your landlord doesn't follow the law or you face discrimination, you can apply to the tribunal. Access application forms and instructions.
    Example: Apply if your landlord refuses to make reasonable adjustments or issues an unfair eviction notice while you are receiving mental health treatment.
  • Rent Increase Notice: For rent increases, you must receive a formal notice. If you wish to challenge it due to financial hardship connected to mental illness, use the official rent increase challenge process.
If you ever feel overwhelmed, consider reaching out to your local council or a support charity. There is help available, and you don't have to manage alone.

The First-tier Tribunal for Tenants

Residential tenancy disputes, including those involving mental health, are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent body resolves disagreements about eviction, repairs, rent increases, or discrimination. You can apply online or by post. The tribunal is designed to be accessible to all tenants, regardless of background or health status.

Legislation Protecting Tenants with Mental Illness

Key Scottish and UK-wide legislation includes:

If your rights under this legislation are ignored, the tribunal can help enforce them.

Frequently Asked Questions

  1. Can my landlord evict me if I have a mental illness?
    No. Landlords must follow legal procedures and cannot evict tenants based solely on mental illness. If you feel discriminated against, you can appeal to the First-tier Tribunal for Scotland.
  2. What should I do if I need adaptations because of my mental health condition?
    Request reasonable adjustments in writing from your landlord. If refused, you can apply to the tribunal for help enforcing your rights.
  3. How can I challenge an unfair notice to leave?
    You can appeal to the First-tier Tribunal using their application forms and explain your circumstances, especially if related to your mental health.
  4. Are there organisations that offer support for renters with mental health needs?
    Yes. Local councils, Shelter Scotland, and the Scottish Association for Mental Health provide free, confidential advice and advocacy services.

Conclusion: Key Takeaways for Tenants

  • Your rights are protected by law in Scotland, even when facing mental health challenges
  • Support is available — reach out early if you need help with your tenancy
  • You can challenge discrimination, unfair evictions, or lack of adjustments via the First-tier Tribunal

Remember, you are not alone. There are clear steps and local organisations ready to support you.

Need Help? Resources for Renters

  1. Private Housing (Tenancies) (Scotland) Act 2016
  2. Equality Act 2010
  3. Housing (Scotland) Act 1988

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights UK

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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