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Eviction and mental health
Eviction is when your landlord tells you that you must leave your home and can no longer live there.
There are things you can do to help stop this from happening, and support is available.
This page covers:
- Can my landlord evict me if I have a mental health problem?
- I can't pay my rent or mortgage – what can I do?
- My relationship has broken down due to mental health problems. Can my partner evict me?
This page is part of our guide to:
When I'm depressed I struggle with the upkeep of the house. I can't keep it clean, and landlords don't like that.
Can my landlord evict me if I have a mental health problem?
Your landlord can evict you if they follow the correct procedures and give you notice.
This applies if your landlord is a local authority, housing association or a private landlord.
But it might be disability discrimination if your landlord tries to evict you for reasons to do with your mental health problem. If you think this is the case, there are things you can do.
Make a complaint
- Talk to your landlord informally. Explain how your mental health problem affects you. You may be able to agree on a solution. Or they may make reasonable adjustments to help you.
- Give your landlord medical evidence of how your mental health problem affects you. You may need to ask your GP for a medical note.
- If you don't resolve things, make a formal complaint using your landlord's complaints process, if they have one.
- Complain to the Ombudsman if you live in social housing. You can do this if you've already complained to your landlord and the issue hasn't been sorted out. Depending on your complaint, you may complain to the Housing Ombudsman or the Local Government and Social Care Ombudsman. Visit Citizens Advice's page on complaining to the ombudsman to learn more.
- If you rent from a private landlord, complain to your local council. If you're in England, visit the UK government's information on private renting to learn more. If you're in Wales, Rent Smart Wales has information that may help.
Seek professional advice as soon as possible
- Speak to your local council for housing advice. Tell the council you're at risk of becoming homeless.
- Seek legal advice. You could use the UK government's tool to find a legal aid adviser - select 'Housing Loss Prevention Advice Service'.
- Contact the Equality Advisory Support Service (EASS). This provides free advice about legal rights and remedies under discrimination law. You can also contact your local Citizens Advice.
- You may want to find a solicitor. The Law Society or Civil Legal Advice have information about where to find the right solicitor. If you need financial support with legal fees, use the UK government's tool to check whether you can get legal aid.
To evict a tenant, the landlord must follow a three-stage process. This involves a notice, a court claim for a possession order, and an eviction warrant. If your landlord doesn't follow the right process, it may be an illegal eviction.
Visit Shelter's website for information about eviction and possession proceedings in England and eviction in Wales.
Social landlords must follow a procedure called a pre-action protocol before bringing a possession claim. You can find out more in Shelter's guides to pre-action protocols in England or pre-action eviction rules in Wales.
I can't pay my rent or mortgage – what can I do?
If you can't pay your rent or mortgage, you should speak to a debt adviser. If you live in social housing, speak to your local council.
You can search Moneyhelper's debt adviser locator to find free advice. Or visit our pages on money and mental health for more guidance.
Moratoriums
A moratorium is a temporary suspension in the process to evict you. It gives you time to get help and advice. You can ask a debt adviser or your local council to place you in a moratorium.
While a moratorium is in place, a landlord or lender cannot:
- Issue a rent arrears notice
- Demand payment of mortgage arrears
- Apply for a possession order on arrears grounds
- Evict you on arrears grounds
Mental health crisis moratorium
The law says you can apply for this if you're receiving treatment from a specialist mental health service for a 'serious mental disorder'. Your debt adviser will need evidence from an Approved Mental Health Professional (AMPH). So it can take some time to put this kind of moratorium in place.
If you're unable to apply for a mental health crisis moratorium yourself, someone can apply on your behalf. This could be your carer, social worker or a representative such as an advocate.
A mental health crisis moratorium lasts as long as your specialist mental health treatment lasts, plus 30 days.
Breathing space moratorium
You might not meet the requirements for a mental health crisis moratorium. But a debt adviser can quickly place you in a breathing space moratorium. You will need to provide details of your income, expenditure and debts.
A breathing space moratorium lasts for 30 days.
For more information on moratoriums, see Shelter's guide to breathing spaces and mental health moratoriums.
My relationship has broken down due to mental health problems. Can my partner evict me?
People in a relationship may hold the tenancy to their home together. This is called a joint tenancy.
Each tenant has equal rights to end the tenancy. But problems can happen if a relationship breaks down and one person ends the tenancy without telling the other.
If your partner ends a joint tenancy, you may not want to leave your home. You may worry this will make your mental health worse. There are some things you can do, depending on your situation:
- If you're married or in a civil partnership, and you're divorcing through the courts. A family judge can make an order that only you can live in the home, along with any children in your care. Or they can order that the tenancy is now in your sole name. You should speak to a family solicitor about this.
- If you're not in court, and you're council or housing association tenant. Your landlord may allow you to be issued with a new tenancy in your name only. It could help to make your landlord aware of your mental health problems. And any possible hardship losing the tenancy could cause. It may help to let them know if you meet the criteria for being disabled under the Equality Act. This means they owe you certain duties. And they may have specific policies if you've experienced domestic violence.
If a council or housing association refuses to give you a new tenancy, it could be breaking equality laws. You should seek legal advice about this.
A private landlord has no obligation to give you a new tenancy, but many landlords will consider this.
If your partner ends a joint tenancy while you're in hospital for your mental health, you could ask for support from an independent mental health advocate (IMHA).
The charity Relate offers support if you're experiencing difficulties with any kind of relationship. This includes any people you live with. Its services include relationship counselling and advice.
See more on housing and mental health
Social housing and mental health
Homelessness, housing support and mental health
– Eviction and mental health
Housing disrepair and mental health
Published: October 2024
Next review planned: October 2027
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