Can Renters Be Evicted for Mental Health Issues in Wales?

If you rent a home in Wales and have a mental health condition, you’re protected by both equality law and specific Welsh housing regulations. Understanding your rights can help you respond confidently if you feel a landlord is treating you unfairly due to your mental health.

Legal Protections Against Discrimination and Eviction

In Wales, it is against the law for a landlord to evict you solely because you have mental health issues. Mental health conditions are recognised as disabilities under the Equality Act 2010. This law makes it illegal for landlords to treat you less favourably or evict you because of your disability.^[1]

How Does the Equality Act 2010 Protect You?

• Landlords cannot evict or otherwise discriminate against you for having a mental health diagnosis.
• They must make reasonable adjustments to support disabled tenants, which can include mental health-related needs.
• If you believe an eviction is related to your mental health, you may have grounds to challenge it.

The Renting Homes (Wales) Act 2016 governs most rented tenancies in Wales.^[2] Landlords must follow strict legal steps to end your contract, and cannot list mental health as a lawful reason for eviction.

Lawful Eviction Reasons in Wales

Landlords can only evict tenants in Wales using legal grounds. These include things like serious rent arrears, antisocial behaviour, or ending a fixed contract with proper notice.

• No Fault Eviction: Landlords can issue a ‘no-fault’ notice (such as a Section 173 notice) to end some standard occupation contracts, but discrimination remains unlawful.
• Serious Contract Breach: If a tenant seriously breaches the contract (e.g., property damage, persistent non-payment of rent), the landlord may apply for eviction.

Even if a landlord is seeking possession using one of these valid grounds, if the real reason is related to your mental health, it could be classed as discrimination.

Official Forms: Ending an Occupation Contract

• RHW23: Landlord’s Notice to End a Standard Occupation Contract
  Form RHW23 is used by landlords to serve notice when ending a contract under Section 173 (no fault). If you receive this, check the notice is valid and consider if discrimination might be involved. For example, if you suspect you are targeted because you disclosed a mental health issue before getting the notice, you can seek advice or challenge the eviction.^[3]
• RHW16: Notice for Serious Rent Arrears
  Form RHW16 is used for ending a contract due to serious rent arrears. If your arrears relate to mental health or disability needs (for example, if you were hospitalised and unable to pay rent), highlight this to your landlord and seek advice promptly.^[4]

How to Challenge Discrimination or Unfair Eviction

If you believe your eviction notice is linked to your mental health or disability, you can:

• First, raise your concern in writing to your landlord—explain why you feel you’ve been discriminated against.
• Contact local council housing advice services or official Welsh housing support agencies.
• If needed, make a formal complaint or consider taking your case to the Residential Property Tribunal Wales, which handles tenant-landlord disputes.

If you receive an eviction notice and suspect it is because of your mental health, keep all evidence (emails, messages, medical notes) and seek advice as soon as possible.

If You Need Adjustments or Support

The law requires landlords to make reasonable adjustments for disabled tenants, including those with mental health difficulties. You can ask for changes to how your tenancy works if your disability makes it difficult to manage aspects of your tenancy agreement.

Your Rights in Tribunal or Court

If you challenge an eviction as discriminatory, the Residential Property Tribunal Wales will review if proper process has been followed and if there is evidence of discrimination. You may also be able to claim under equality law directly in court.

FAQ

1. Can a landlord end my tenancy if I have a mental health condition?
   No—your landlord cannot evict you in Wales simply for having a mental health issue. Any eviction must follow legal grounds set out in the Renting Homes (Wales) Act 2016.
2. What should I do if I believe my eviction is linked to my mental health?
   Gather any evidence of discrimination, communicate your concern to the landlord, and seek urgent advice from council services or tenants’ advocacy organisations.
3. Does my landlord have to make adjustments for my mental health needs?
   Yes—landlords must make reasonable adjustments for tenants with disabilities, including mental health conditions, as outlined in the Equality Act 2010.
4. What is the official tribunal in Wales for tenancy disputes?
   The Residential Property Tribunal Wales is the body responsible for handling tenant-landlord disputes and eviction appeals in Wales.
5. What official forms might my landlord use to end my tenancy?
   If you're in a standard occupation contract, common forms include RHW23 (no fault) and RHW16 (serious rent arrears).

Conclusion: What Renters in Wales Should Remember

• Your landlord cannot evict you just because you have a mental health issue—doing so is both discrimination and unlawful under Welsh law.
• All evictions must follow strict rules set out in the Renting Homes (Wales) Act 2016.
• If you feel at risk, gather evidence, seek support early, and consider approaching the Residential Property Tribunal for help.

Understanding the law puts you in a strong position to protect your home and challenge unfair treatment.

Need Help? Resources for Renters

• Welsh Government: Get Help With Housing – official housing support and homelessness advice.
• Residential Property Tribunal Wales – information on appeals and disputes.
• Equality and Human Rights Commission Wales – support with discrimination complaints.
• Shelter Cymru: Housing Advice – guidance on tenants’ rights in Wales.

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1. Equality Act 2010 (legislation.gov.uk)
2. Renting Homes (Wales) Act 2016 (legislation.gov.uk)
3. Form RHW23 (Welsh Government)
4. Form RHW16 (Welsh Government)

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