Mental health and housing: your rights as a tenant

A poor home can harm your mental health. If you already live with a mental health condition, problems at home can hit you harder. Damp, cold and unsafe conditions can feel worse and be harder to cope with. Read on to learn 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 counts as a disability under the Equality Act 2010 if it has a substantial and long-term effect on your day-to-day life. That includes 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?

What counts as a fair change depends on your own situation. It might include:

• Writing to you instead of phoning or visiting, to ease anxiety
• Giving you as much notice as they can before visits
• Being flexible about visit times. For example, avoiding early mornings if those are hard for you
• Letting you have a support person with you for meetings or visits
• Being patient if paperwork is late during a crisis period

Your landlord does not have to say yes to every request. But they must think it over properly. Saying no without a reason may be unlawful.

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

Landlords can ask to take back a property on certain grounds. But they must follow the correct legal process, and the reason must be a valid one in law. They cannot evict you just for having a mental health condition.

A landlord may seek possession on the ground of anti-social behaviour. If that behaviour is linked to your mental health condition, disability discrimination law may come into play. Get advice if this applies to you.

What if your home is making your mental health worse?

Damp, cold, noise and visible disrepair can all wear your mental health down. A home in poor condition is even more harmful if you already have a mental health condition. If your landlord has failed to do repairs:

• The harm to your mental health can count in a housing disrepair claim
• Environmental health officers can inspect and order repairs on public health grounds
• Failing to keep a home fit to live in can break the Homes (Fitness for Human Habitation) Act 2018

What about housing and mental health crisis?

Are you in a mental health crisis and at risk of homelessness? You may have priority need under the Housing Act 1996. Councils must give emergency accommodation to households who are homeless and in priority need. A serious mental health condition can create priority need, but the assessment is not automatic.

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

Are there mental health housing support services?

Yes. Many areas have housing support made for mental health needs, 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 speak up on housing as part of a care plan
• Social services, adults with serious care and support needs may be able to get a care assessment that covers housing

When should I contact Support for Tenants?

Has your landlord failed to look after your home, and have the poor conditions harmed your mental health? We may be able to help you claim compensation for the disrepair. 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.

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)