If Your Health or Disability Affects Paying Rent in Scotland

If you’re a tenant in Scotland living with a mental health condition, disability, or vulnerability, it’s natural to worry if your health makes rent payment difficult. Scottish law offers protections and support to help renters facing these challenges, and understanding your options can help reduce stress and safeguard your home.

Your Rights If Health or Disability Impacts Rent Payments

Scottish housing law recognises that tenants with mental health conditions or disabilities may need extra support. If your condition is affecting your ability to pay rent on time, both your landlord and the law must consider your situation fairly and reasonably.

• Reasonable adjustments: Your landlord has a legal duty under the Equality Act 2010 to make reasonable adjustments if you are disabled, including in how rent is paid or overdue payments are managed.¹
• You can request changes, like paying rent on a different day or using an advocate or support worker to help communicate with your landlord.
• Eviction because you are disabled without reasonable adjustments may be unlawful discrimination.

What to Do If You Can't Pay Rent

If you know your condition might affect rent payments, let your landlord know as early as possible. This opens the door to working together and may prevent the situation from worsening. Council or housing association tenants may also have access to dedicated support teams.

• Explain why you’re struggling (e.g., mental health crisis, disability-related illness, or problems with benefits).
• If you’re eligible, apply for Discretionary Housing Payment (DHP), which can help cover rent during difficult periods.
• If rent arrears build up, ask about a payment plan—your landlord should consider your circumstances and agree to reasonable, affordable repayments if possible.

Official Forms: Discretionary Housing Payment (DHP) Application

• Form: Discretionary Housing Payment Application (no standard number – varies by local council)
• When/How Used: If your mental health, disability, or financial circumstances put your tenancy at risk due to rent arrears, you can apply for a DHP from your local council. For example, if your illness has caused you to fall behind on rent, a DHP could help cover the shortfall.
• How to apply for Discretionary Housing Payment in Scotland

Facing Eviction: Disability, Mental Health, and Your Rights

If you’re threatened with eviction for rent arrears linked to a mental health condition or disability, your landlord must follow strict legal steps under the Private Housing (Tenancies) (Scotland) Act 2016 (for most private renters).² For council or housing association tenants, the Housing (Scotland) Act 2001 applies.

• Your landlord must give written notice before taking action.
• Your circumstances, including illness or disability, must be considered if your eviction is reviewed by the First-tier Tribunal (Housing and Property Chamber).
• You have the right to present evidence of your health condition or support needs to the tribunal.

Official Forms: Response to Eviction Notice

• Form: Rented sector tenants can represent themselves at the Tribunal without a formal form but must submit evidence and a written response when notified.
• When/How Used: If you receive an eviction notice, read correspondence from the Tribunal. You'll usually be given instructions to reply online or in writing, providing your reasons (for example, rent arrears due to disability or health crisis) and any supporting medical evidence.
• See the First-tier Tribunal (Housing and Property Chamber) process guide

How to Get Help Negotiating or Challenging a Landlord's Action

Don’t struggle alone—many Scottish councils and charities offer free, confidential advice. Acting early can help prevent eviction or further arrears.

• Speak to your local council’s housing department or social work team if you are facing hardship or discrimination.
• Contact Shelter Scotland for free legal advice and assistance on your rights as a vulnerable tenant.
• If you believe you are being treated unfairly because of your disability or health, you can also seek help from the Equality Advisory and Support Service.

1. Can my landlord evict me if I can't pay rent because of my health?
   Scottish law says landlords must follow strict eviction procedures. If your inability to pay is linked to disability or a mental health issue, the landlord and tribunal must consider your circumstances and may halt or delay eviction if discrimination or lack of reasonable adjustments is involved.
2. What government help is available if illness affects my rent?
   You may qualify for Discretionary Housing Payment to help cover arrears or ongoing rent if you’re struggling because of sickness or disability. Contact your council promptly to apply.
3. I’m worried about discrimination – what are my rights?
   Under the Equality Act 2010, landlords must not discriminate against disabled tenants and must make reasonable adjustments in rent processes and communications. You have the right to seek advice and challenge unfair treatment.
4. Which tribunal handles tenancy disputes in Scotland?
   The First-tier Tribunal (Housing and Property Chamber) handles rent arrears, eviction cases, and tenancy disputes in Scotland.
5. Can someone help me explain my health issues to my landlord or the tribunal?
   Yes, you can nominate a support worker, advice agency, or trusted person to communicate or represent you during disputes. This is especially important if your condition makes it hard to speak up.

Need Help? Resources for Renters

• Shelter Scotland – Tenant advice line (0808 800 4444)
• First-tier Tribunal (Housing and Property Chamber) – For tenancy and eviction disputes
• mygov.scot housing advice – Scottish Government housing support, forms, and council contacts
• Equality Advisory and Support Service – Disability and equality rights guidance

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1. Equality Act 2010 (legislation.gov.uk)
2. Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)
3. Housing (Scotland) Act 2001 (legislation.gov.uk)

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