Mental Health Protections for Renters in Scotland

Understanding your housing rights is vital if you are a renter in Scotland living with mental health challenges. The law in Scotland recognises that poor mental health can make you vulnerable and offers specific protections to ensure your tenancy is fair, secure, and supportive of your wellbeing. Whether you’re worried about eviction, discrimination, or getting necessary adjustments, knowing your rights can empower you to act.

Your Rights as a Renter with Mental Health Needs in Scotland

Mental health conditions are considered a type of disability under the Equality Act 2010, which applies across the UK, including Scotland. This means landlords must not discriminate against tenants because of mental health issues and may need to make reasonable adjustments to support you.

Key Legal Protections

• Protection from Discrimination: It is unlawful for a landlord to treat you less favourably because of a mental health condition.
• Right to Reasonable Adjustments: You can request changes to your home or tenancy processes to help you manage your mental health. For example, allowing a support worker to accompany you in meetings or adapting communication styles.

The main Scottish legislation governing your tenancy is the Private Housing (Tenancies) (Scotland) Act 2016, which sets out renters' rights and protections in private tenancies¹.

Eviction Rules and Mental Health

Landlords can only evict private tenants under specific legal 'grounds'. Your mental health status should be considered if it affects the situation, especially if you fall behind on rent or fail to meet tenancy conditions due to ill health.

• If you receive an eviction notice, your landlord must use the official Notice to Leave form. The notice period varies, but certain vulnerabilities—such as mental health conditions—may give you grounds to ask for more time or challenge the eviction process.
• Eviction and any disputes are handled by Scotland’s First-tier Tribunal (Housing and Property Chamber), not by the sheriff court.

Requesting Reasonable Adjustments

If your mental health condition is classed as a disability, you have the right to ask your landlord for ‘reasonable adjustments’—for example:

• Extra time to respond to notices or communications
• Allowing a support person during discussions or inspections
• Minor physical changes to help you manage your condition (with landlord consent)

Landlords are required by the Equality Act 2010 to consider these requests and must not refuse without a justifiable reason. If you feel your request is rejected unfairly, you can seek help from advocacy services or contact the Equality Advisory and Support Service.

Official Forms and How to Use Them

• Notice to Leave (Private Residential Tenancies): Used by landlords to start the eviction process. Tenants can challenge this at the Housing and Property Chamber, especially if mental health or disability is involved.
  Find the official form at: Scottish Government: Required Notices and Forms
• Application to First-tier Tribunal for Eviction or Renegotiation: If you believe the eviction was discriminatory or you need more time due to mental health reasons, you can respond using the forms provided by the Housing and Property Chamber – Online Applications.

How to Get Help If Your Rights Are Not Respected

If you believe your landlord has discriminated against you because of your mental health, or refused reasonable adjustments, you can:

• Contact a local advocacy or mental health support service
• Complain to your council’s housing department
• Apply directly to the First-tier Tribunal (Housing and Property Chamber)

FAQ: Mental Health and Renting in Scotland

1. Can my landlord evict me for having a mental health condition?
   No, your landlord cannot evict you purely because of your mental health. Any eviction must follow legal procedures and discrimination is illegal under the Equality Act 2010.
2. What if I need more time to respond to a Notice to Leave?
   You can request extra time as a reasonable adjustment. Explain your situation in writing, and your landlord should consider your needs. If they refuse, you can bring this up at the First-tier Tribunal.
3. How do I challenge an eviction linked to my mental health?
   Respond to the Notice to Leave, stating that your mental health was a factor and providing supporting evidence from a health professional if possible. Apply to the Housing and Property Chamber for a hearing.
4. Do I have to tell my landlord about my mental health?
   No, this is your personal choice. However, letting your landlord know can help ensure you receive reasonable adjustments and support.
5. Where can I get help with my tenancy if my mental health is affecting things?
   You can contact Shelter Scotland, the Equality Advisory Service, or your local council housing team for advice and support.

Key Takeaways: Mental Health Housing Rights in Scotland

• Mental health is protected under disability law in Scotland.
• You have the right to reasonable adjustments in your home and communication.
• If you experience discrimination or difficulties, you can seek help via official forms and Scottish housing tribunals.

Understanding these protections can help ensure your tenancy is fair and supportive if you’re struggling with mental health.

Need Help? Resources for Renters

• Shelter Scotland: Housing advice, support and legal information free for renters
• mygov.scot – Housing and local services
• Equality Advisory and Support Service: Free guidance on discrimination and equality matters
• First-tier Tribunal for Scotland Housing and Property Chamber: For disputes about evictions, repairs, and more

---

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

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