Mental Health Discrimination: Legal Protections for Welsh Renters

If you live in Wales and rent your home, you may be concerned about whether a landlord can discriminate against you because of a mental health condition. Discrimination law in Wales offers strong protections for renters with mental health disorders and other disabilities. This article explains your rights, what counts as discrimination, the official steps you can take to protect yourself, and the support available to Welsh renters.

Understanding Discrimination: What Does the Law Say?

In Wales, renters are protected from discrimination on the grounds of disability, which includes many mental health conditions. The Equality Act 2010 sets out the law on this topic¹. A disability is defined as a physical or mental impairment that has a substantial and long-term effect on your ability to carry out normal day-to-day activities.

• Landlords must not treat you less favourably because of your mental health.
• They also must make reasonable adjustments if you need changes to your home or tenancy process for reasons related to your disability.
• Examples of unlawful discrimination include refusing to rent to you, evicting you, or imposing unfair terms due to your mental health.

This applies in both social housing and the private rented sector in Wales.

How the Law Protects Renters with Mental Health Conditions in Wales

Renters in Wales benefit from two key legal protections:

• The Equality Act 2010, which outlaws direct and indirect discrimination, harassment, and victimisation due to disabilities — including mental health impairments.
• The Renting Homes (Wales) Act 2016, which covers how landlords must manage rented homes, including notice processes for evictions and how renters are treated².
  Read more on Renting Homes law for Wales.

Examples of Unlawful Discrimination by Landlords

The following landlord actions are usually considered unlawful discrimination if they are because of your mental health:

• Refusing to rent a property to you or rejecting your application due to a disclosed mental health diagnosis.
• Evicting you or threatening eviction because of behaviour linked to your mental health.
• Not making reasonable adjustments (such as altering communication methods, adjusting eviction processes, or installing safety measures).
• Imposing unfair terms or extra requirements (e.g., higher deposit or needing a guarantor solely due to mental health).

However, landlords may be able to refuse if there are objective, non-discriminatory reasons unrelated to your disability (such as references or financial checks).

How to Take Action if You Experience Discrimination

If you believe you've been discriminated against in Wales due to your mental health when renting or applying for a property, there are clear official steps you can take:

• Keep written evidence of the discrimination (emails, texts, notices, application forms).
• Write to your landlord explaining the situation and referring to the Equality Act 2010.
• If the issue is not resolved, you may use formal complaints procedures or seek legal action.

Official Forms and Making a Complaint

• Discrimination and Harassment Complaint Form (used for many local councils/housing associations):
  
  • When to use: If you've been discriminated against by a local authority or social landlord, this form is a good starting point for an official complaint. Download the relevant form from your local council's website or from the landlord/housing association.
  • Example: If a council housing officer rejects your transfer due to your mental health, submit this form to trigger an internal investigation.
• Application form to county court: Form N1: Claim form
  
  • When to use: If informal complaints and mediation fail, tenants can make a discrimination claim against a landlord in the County Court using Form N1.
  • Example: For example, if you were evicted just after telling your landlord about a new mental health diagnosis, you could submit Form N1 citing a breach of the Equality Act 2010.

If the dispute involves the legalities of your tenancy or eviction, you may apply to the specialist Welsh tribunal for housing:

• Residential Property Tribunal Wales – deals with tenancy disputes, rent assessment, and possession cases in Wales.

Which Laws Protect You as a Renter in Wales?

• Equality Act 2010 – Protects against disability discrimination, including mental health.
• Renting Homes (Wales) Act 2016 – Sets out rights and responsibilities in rented homes in Wales.

What Counts as a Disability Under the Equality Act?

Mental health issues like depression, anxiety, bipolar disorder, and schizophrenia are commonly classed as disabilities under the Equality Act if they have a significant, long-term impact on your daily life.

Summary of Your Rights

• You are protected from discrimination linked to mental health or other disabilities at all stages of renting in Wales.
• Landlords must make reasonable adjustments if you request them for disability-related reasons.
• You can make a complaint and potentially take legal action if you experience discrimination from a landlord.

1. Can a private landlord refuse to rent to me because I have a mental health condition?
   No. In most circumstances, private landlords cannot lawfully refuse to rent to you solely because of your mental health. This would likely be unlawful disability discrimination under the Equality Act 2010. However, landlords are allowed to make decisions based on objective criteria (such as references or affordability checks) so long as this is not a pretext for discrimination.
2. What should I do if I face discrimination from my landlord?
   Start by gathering evidence and writing to your landlord to explain the situation. If they do not address the issue, you can make a formal complaint using your council or landlord's own procedures. If needed, you can make a court claim (using Form N1) or bring the matter to the Residential Property Tribunal Wales.
3. Are landlords required to make changes for tenants with mental health conditions?
   Yes, under the Equality Act 2010, landlords must make reasonable adjustments if needed for tenants with disabilities, including mental health conditions. This could include changing policies or communicating in ways that suit your needs, unless it is unreasonable for the landlord to do so.
4. Which official body deals with housing discrimination claims in Wales?
   Welsh renters can apply to the Residential Property Tribunal Wales for certain housing disputes. The County Court deals with broader discrimination claims under the Equality Act 2010.
5. What laws protect renters from disability discrimination in Wales?
   The Equality Act 2010 and the Renting Homes (Wales) Act 2016 both provide key protections for Welsh renters.

Need Help? Resources for Renters

• Equality Advisory and Support Service (EASS) – Free advice on discrimination problems
• Shelter Cymru – Free independent housing advice for renters in Wales
• Welsh Government Housing – Official government guidance for renting in Wales
• Find your local council – Contact your council for council housing discrimination concerns
• Residential Property Tribunal Wales – Dispute resolution for Welsh renters and landlords

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1. Equality Act 2010
2. Renting Homes (Wales) Act 2016

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