Learning disability and housing rights

People with learning disabilities hold the same right to safe, suitable housing as anyone, plus extra legal protection to make it real. Here are the rights, and the support that may exist.

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

Yes, in most cases. A learning disability counts under the Equality Act 2010 where it has a substantial, long-term effect on daily life. Most people with a learning disability meet that test without question.

That means:

• Councils must adjust how they deliver housing services: simpler language, longer appointments, a carer or advocate welcome along
• Landlords must adjust policies that disadvantage someone with a learning disability
• Extra priority on the housing register may follow, on medical or welfare grounds

What housing support is available?

Supported housing. Homes with on-site or visiting support workers for daily living: care homes, supported living, housing with support. The way in usually runs through adult social care.

Social renting or shared ownership. Through the housing register, with welfare or medical priority where the current home fails.

Floating support. A support worker who comes to you, instead of you moving into supported housing.

For adult social care support, ask the council for a care needs assessment. It maps what support a person needs, housing help included.

What if the current home is unsuitable?

A home that is unsafe, out of reach, or risky means asking the council formally for a care needs assessment and a housing assessment. A paid carer can help make the ask.

Housing and adult social care should work together on something suitable. Where they do not, complain through the formal process, then to the Local Government and Social Care Ombudsman (LGSCO).

Can someone with a learning disability sign a tenancy agreement?

It depends on the person. The Mental Capacity Act 2005 sets how to judge a specific decision. Where someone cannot understand a tenancy agreement, a person with legal authority, such as a Court of Protection deputy, can sign for them.

Unsure about capacity and tenancy decisions? Ask a solicitor or the council's adult social care team.

What about protection from exploitation?

Exploitation risk runs higher in housing. Warning signs: rent far above the going rate, pressure to sign, or a living situation controlled by someone else.

Worried someone is being exploited? Contact adult social care, or the police where it is urgent. The Care Act 2014 protects adults at risk.

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

Yes, where the home needs adapting to be safe and usable. A Disabled Facilities Grant (DFG) can fund grab rails, step-free access, an adapted bathroom. An occupational therapist assessment usually opens the door.

What if the home is in disrepair?

Serious disrepair, damp, mould or broken heating in a privately rented home carries the same rights for a person with a learning disability as for anyone: repairs done, and compensation where the landlord fails.

When should I contact Support for Tenants?

We help tenants with housing disrepair claims in privately rented homes. Serious disrepair, and a silent landlord? 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)

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