Learning disability and housing rights

People with learning disabilities have the same right to safe and suitable housing as anyone else, and have additional legal protections to help make that a reality. Below, we cover the housing rights that apply and the support that may be available.

Does a learning disability count as a disability for housing purposes?

Yes, in most cases. A learning disability is likely to be a disability under the Equality Act 2010 if it has a substantial and long-term effect on a person's ability to carry out normal daily activities. For most people with a learning disability, this condition is met automatically.

This means:

• Councils must make reasonable adjustments to how they deliver housing services, for example, using simpler language, longer appointment times, or allowing a carer or advocate to attend
• Landlords must make reasonable adjustments to policies or practices that put someone with a learning disability at a disadvantage
• Someone with a learning disability may qualify for additional priority on the housing register on medical or welfare grounds

What housing support is available for people with learning disabilities?

Supported housing, accommodation with on-site or visiting support workers to help with daily living. This includes care homes, supported living arrangements, and housing with support. Access to supported housing is usually through adult social care.

Shared ownership or social rented housing, through the housing register, prioritised on welfare or medical grounds where the current housing is unsuitable.

Floating support, help from a support worker that visits your home, rather than you living in a dedicated supported accommodation setting.

To access adult social care support, ask the council for a care needs assessment. This assessment looks at what support a person needs, which can include help with housing.

What if a person with a learning disability is being housed unsuitably?

If the current home is unsuitable, for example, because it is unsafe, inaccessible, or the person is at risk, a formal request for a care needs assessment and housing assessment should be made to the council. If the person has a paid carer, they may be able to help with this.

Local authority housing and adult social care teams should work together to find suitable housing. If they are failing to do so, a complaint through the council's formal complaints process, and if necessary to the Local Government and Social Care Ombudsman (LGSCO), may be appropriate.

Does someone with a learning disability have capacity to sign a tenancy agreement?

This depends on the individual. The Mental Capacity Act 2005 sets out how to assess whether a person has capacity to make a specific decision. If a person lacks capacity to understand a tenancy agreement, someone with legal authority (such as a property and affairs deputy appointed by the Court of Protection) can sign on their behalf.

If you are unsure about capacity and tenancy decisions, seek advice from a solicitor or the council's adult social care team.

What about protection from exploitation?

People with learning disabilities may be at greater risk of being exploited by landlords or others in housing situations. Signs of exploitation can include being charged excessive rent, being pressured to sign a tenancy, or having living conditions controlled by someone else.

If you are concerned that someone with a learning disability is being exploited in their housing, contact adult social care or, in urgent cases, the police. The Care Act 2014 includes safeguarding protections for adults at risk.

Can someone with a learning disability get a Disabled Facilities Grant?

Yes, if the property needs adaptations to make it safe and accessible. A Disabled Facilities Grant (DFG) is available from the local authority to fund adaptations such as grab rails, step-free access, or specialist bathroom facilities. An occupational therapist assessment is usually required to apply.

What if the home is in disrepair?

A person with a learning disability living in a privately rented home with serious disrepair, damp, mould, broken heating, has the same rights to have those repairs done, and the same right to compensation if the landlord fails to act, as any other tenant.

When should I contact Support for Tenants?

We handle housing disrepair claims for people in privately rented homes. If the property has serious disrepair and the landlord has not responded, we may be able to help.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Equality Act 2010 (legislation.gov.uk)
• Care Act 2014 (legislation.gov.uk)
• Mental Capacity Act 2005 (legislation.gov.uk)

Related articles

• Autism and housing rights