Mental health and housing: your rights as a tenant

Poor housing conditions can seriously affect mental health. And if you live with a mental health condition, problems with your home, damp, disrepair, cold, unsafe conditions, can be more damaging and harder to manage. Read on to understand your rights as a private tenant with a mental health condition.

Is mental health covered by the Equality Act?

Yes, in many cases. A mental health condition is a disability under the Equality Act 2010 if it has a substantial and long-term effect on your ability to carry out day-to-day activities. This includes conditions such as severe depression, anxiety disorders, bipolar disorder, schizophrenia, PTSD, and others.

If your mental health condition meets this definition, your landlord:

• Must not discriminate against you because of it
• Must make reasonable adjustments to accommodate your needs

What reasonable adjustments might help?

Reasonable adjustments will depend on your individual situation, but they might include:

• Communicating with you in writing rather than by phone or in person, to reduce anxiety
• Giving you maximum advance notice of inspections or contractor visits
• Being flexible about the timing of visits (avoiding early mornings, for example, if that is difficult for you)
• Allowing you to have a support person present for any meetings or property inspections
• Being understanding if administrative delays occur because of a crisis period

The landlord does not have to agree to every request, but they must genuinely consider it. Refusing without reason may be unlawful.

Can your landlord evict you because of behaviour linked to your mental health?

Landlords can seek possession on certain grounds, but they must follow the correct legal process and the reason must be a valid legal ground. They cannot simply evict you for having a mental health condition.

If a landlord is seeking possession on the ground of anti-social behaviour and that behaviour is linked to your mental health condition, disability discrimination law may be relevant. You should seek advice if this applies to you.

What if your home is making your mental health worse?

Damp, cold, noise, and visible disrepair can all affect mental health significantly. Living in a property in poor condition is particularly harmful if you already have a mental health condition. If your landlord has failed to carry out repairs:

• Your mental health suffering caused by the poor conditions may be relevant to a housing disrepair claim
• Environmental health officers can inspect and require repairs on public health grounds
• In some cases, failing to keep a property habitable can amount to a breach of the Homes (Fitness for Human Habitation) Act 2018

What about housing and mental health crisis?

If you are in a mental health crisis and at risk of homelessness, you may have priority need under the Housing Act 1996. Councils must provide emergency accommodation to households who are homeless and in priority need. A serious mental health condition may give rise to priority need, although the assessment is not automatic.

Contact the council's housing department if you are at risk of homelessness due to a mental health crisis. You can also contact Shelter or Mind for advice.

Are there mental health housing support services?

Yes. Many areas have mental health-specific housing support, including:

• Mind, offers housing advice and links to local support services
• Shelter, provides housing advice for people with mental health conditions
• Community mental health teams, can sometimes help with housing advocacy as part of a care plan
• Social services, adults with significant care and support needs may be eligible for a care assessment that includes housing support

When should I contact Support for Tenants?

If your landlord has failed to maintain your home and the poor conditions have affected your mental health, we may be able to help you claim compensation on a housing disrepair basis. We work on a no-win, no-fee basis, no upfront cost.

Call us on 0800 030 4669.

Sources

• Equality Act 2010 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Section 189, Housing Act 1996 (priority need) (legislation.gov.uk)