Eviction and Mental Health: Your Rights in Wales

If you live in Wales and struggle with mental health issues, you may worry about eviction from your home. Welsh law offers specific protections to renters, particularly those with disabilities or mental health challenges. This guide explains your legal rights, when eviction might be lawful, and how to seek help if your mental health affects your tenancy.

Your Rights as a Renter with Mental Health Issues in Wales

In Wales, the law recognises that landlords must treat renters with mental health concerns fairly and without discrimination. You are protected both by housing laws and the Equality Act 2010, which prohibits discrimination on the basis of disability, including many mental health conditions.¹

Key Protections Include:

• Landlords must not evict you solely because of a mental health condition.
• Reasonable adjustments may need to be made to help you maintain your tenancy.
• If your mental health leads to issues like rent arrears or anti-social behaviour, your landlord must follow strict legal procedures.

If you believe you've been treated unfairly or threatened with eviction due to your mental health, you have the right to challenge this through official complaint channels or, in disputes, via the tribunal system.

When Can a Landlord Attempt to Evict a Renter?

All evictions in Wales must follow the Renting Homes (Wales) Act 2016.² Your landlord cannot evict you simply for having mental health issues.

Lawful Reasons for Eviction Include:

• Serious rent arrears: If you fall significantly behind on rent and do not engage with your landlord to resolve the debt.
• Serious anti-social behaviour: Where behaviour significantly impacts neighbours or the community, following warnings and support options.
• End of contract: For certain tenancy types, if correct notice is served via the legal process.

Your landlord must use the correct notice and, if needed, apply to the courts to enforce an eviction. Having a mental health condition does not remove your rights to fair treatment or due process.

Official Eviction Notices and Forms in Wales

If your landlord seeks to end your tenancy, they must serve an official notice under Welsh law. Two main forms are used:

• RHW16 - Notice Seeking Possession for Secure Contract
  When used: If you have a secure contract and the landlord wants to seek possession, such as for rent arrears or breaches.
  How to respond: You may wish to seek advice from a housing advisor. If the notice is due solely to behaviour arising from your mental health, it may be possible to negotiate a resolution or request adjustments.
  View RHW16 form on the Welsh Government website
• RHW23 - Notice of Possession for Periodic Standard Contract
  When used: For certain standard tenancies when the landlord wishes to regain possession without tenant fault (for example, at the end of contract).
  How to respond: Check the form carefully. If you believe the action is related to your mental health or possibly discriminatory, seek immediate advice.
  View RHW23 form on the Welsh Government website

For a full list and updates, visit the Welsh Government – Renting Homes Forms & Guidance page.

Discrimination and Reasonable Adjustments

Under the Equality Act 2010, it is unlawful for landlords to discriminate against renters with mental health concerns. Discrimination may include:

• Eviction notices issued because of your mental health condition
• Failure to make reasonable adjustments to support your tenancy (for example, allowing more time to resolve issues)

Landlords in Wales are encouraged to engage with renters to find supportive solutions before pursuing any legal action.

If You Receive an Eviction Notice

If you receive an eviction notice, act quickly:

• Read the notice thoroughly. Note which form has been used and the timescales involved.
• Contact your local council's housing department or a renter advocacy group.
• Seek advice on whether your mental health should be considered, and if so, how best to present evidence or request adjustments.
• Respond in writing to your landlord if you believe you are being discriminated against.

If court action is started, you have the right to defend yourself and explain your circumstances.

The Tribunal Process in Wales

If a dispute cannot be resolved, it could reach the Residential Property Tribunal Wales. This independent body decides housing disputes, including those involving disability and discrimination concerns.³

• Both renters and landlords may apply to the Tribunal.
• You can access guidance and application forms on the Tribunal’s website.

FAQ: Eviction and Mental Health in Wales

1. Can my landlord legally evict me because I have a mental health condition?
   No. It is unlawful for your landlord to evict you simply due to a mental health issue, as this is protected under the Equality Act 2010.
2. What should I do if I receive an eviction notice and have a mental health disability?
   Read the notice carefully, seek immediate advice from a housing service or your local council, and consider raising your mental health needs as part of your response.
3. Are there official forms I should know about if my landlord takes action?
   Yes. Common forms include the RHW16 and RHW23 notices. Check if the correct form has been used and respond within the specified time.
4. What is a reasonable adjustment in the context of renting?
   Examples include allowing extra time to pay rent arrears, or flexibility around housing appointments due to health needs.
5. If I feel discriminated against, how can I challenge my landlord's actions?
   If negotiation fails, consider contacting the local council or applying to the Residential Property Tribunal Wales for a formal review.

Conclusion: Key Takeaways

• Welsh law protects you from eviction solely due to mental health issues.
• If you face eviction, always check if the correct process and forms have been used.
• Support and advocacy are available—don’t delay seeking advice if worried about your tenancy.

Knowing your rights and available support can help protect your home if you are affected by mental health issues.

Need Help? Resources for Renters

• Welsh Government Housing Information
• Shelter Cymru – Free Housing Advice
• Residential Property Tribunal Wales
• Equality and Human Rights Commission – Your Rights

---

1. Equality Act 2010
2. Renting Homes (Wales) Act 2016
3. Residential Property Tribunal Wales

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