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Housing discrimination and mental health
Sometimes people are treated unfavourably because of their mental health problems. This is called discrimination.
The Equality Act 2010 protects you from discrimination when you buy, rent or live in property. So, if you experience discrimination, you may have a legal right to challenge it.
This page covers:
- When might I experience housing discrimination?
- Can a landlord refuse to rent to me if I receive benefits?
- My landlord is harassing me because of my mental health problems. What can I do?
- Public sector equality duty
- Reasonable adjustments
- Discrimination claims
This page is part of our guide to:
I don't know why people on benefits have got a really bad name with landlords.
When might I experience housing discrimination?
You might experience discrimination when you're searching for accommodation. For example, if a property agent or landlord:
- Refuses to rent a property to you because you have a mental health problem
- Treats you differently when you're seeking to rent a property because you have a mental health problem
- Refuses to consider renting to you because you receive disability benefits (this is known as a 'no DSS' policy)
You might also experience discrimination while you're a tenant or occupier. This might include:
- Stopping you using a benefit or facility
- Evicting you or taking steps to evict you
- Failing to make repairs, improvements or adaptations
- Failing to deal with complaints
- Failing to provide reasonable adjustments
- Seeking antisocial behaviour injunctions
If there's a link between the way you've been treated and your mental health problem, this could be disability discrimination. See our disability discrimination pages for more information, including how the law protects you.
Can a landlord refuse to rent to me if I receive benefits?
An agent or landlord might refuse to rent to you if you receive benefits. For example, universal credit, housing benefit, disability benefits or tax credits. This is sometimes called a 'no DSS' policy.
An agent or landlord using a 'no DSS' policy might refuse to let you view a property because you receive benefits. Or they might refuse to consider you for a tenancy. They might advertise properties as 'no DSS', 'no benefits' or 'working professionals only'.
The courts have ruled that 'no DSS' policies are unlawful because they indirectly discriminate against women and disabled people.
Sometimes, an agent might turn you down because you receive benefits, even though you can afford the rent. In this case, you can complain.
Visit Shelter's page on challenging DSS discrimination to learn more. It includes template letters you can use to request a viewing, if you've been turned down. And to make a formal complaint about DSS discrimination.
But if you're dealing directly with the landlord, you can't always challenge DSS discrimination. This is because private landlords aren't regulated in the same way as agents. It might help to try these options:
- Contact the landlord and show proof that you can afford to pay the rent. This might mean providing information about other income, finding a guarantor or offering rent in advance.
- Look for a different landlord. If you live in England, Shelter's guide to finding a landlord who accepts benefits may help. Or your local council’s housing options service may be able to support you.
- Seek legal advice. If you need a solicitor, the Law Society or Civil Legal Advice have information about where to seek specialist advice.
- Contact your local Citizens Advice or Law Centre. You can search the Citizens Advice or Law Centres websites to find a service near you.
My landlord is harassing me because of my mental health problems. What can I do?
If you think your landlord is targeting you because of your mental health problems, you can report this to your local council.
The council may explain the law to your landlord. It may prosecute your landlord if they continue to break the law.
If you need support, you could ask a friend or family member to help you. Or try to find an advocate.
If your mental health problem is classed as a disability under the Equality Act 2010, the law protects you from unlawful discrimination.
Your landlord may be targeting you because of behaviour that is a result of your mental health problem. If this is the case, it may be 'discrimination arising from disability'. For more information, see our pages on disability discrimination.
If you landlord has threatened you or been violent, you should report them to the police. If you don't want to talk to the police, you can ask an independent organisation to report it for you anonymously. These organisations are called 'third party reporting centres'.
You can find more information about reporting hate crime from True Vision, Victim Support in England and Wales Hate Support Centre. This includes information on third party reporting centres.
Public sector equality duty
Most public authorities have to think of ways their policies would affect disabled people. And how they carry out their work, and its effect on disabled people.
For example, this might include any decisions to take or continue possession proceedings. Or making inquiries into a homeless application.
This duty is known as the 'public sector equality duty'.
It applies to housing associations that provide housing on behalf of a public authority. It also applies to organisations including those that provide care homes or supported housing for a public authority.
There's more information on Public Sector Equality Duty on our disability discrimination pages. And information about what to do if you think a public authority has failed to comply with its duty.
Reasonable adjustments
Reasonable adjustments are changes that organisations or people providing services, or people providing public functions have to make for you.
They must make these changes to prevent your disability putting you at a disadvantage compared with others who aren't disabled.
If your mental health problem means you have a substantial disadvantage, you can ask your landlord to make reasonable adjustments.
Our disability discrimination pages have more information on reasonable adjustments. You can also see Shelter's guide on housing and reasonable adjustments.
Discrimination claims
You can bring a discrimination claim against your landlord in the county court. But you'll need to show that you have been discriminated against and unfairly treated because of a mental health condition that amounts to a disability.
You may be able to claim for more than one type of discriminatory action by your landlord. For example, discrimination arising because of your disability, and the failure to provide reasonable adjustments.
You should seek legal advice from a solicitor before pursuing a claim. Our page on complaining about disability discrimination has more information.
See more on housing and mental health
Social housing and mental health
Homelessness, housing support and mental health
Housing disrepair and mental health
– Housing discrimination and mental health
Published: October 2024
Next review planned: October 2027
References are available on request. If you would like to reproduce any of this information, see our page on permissions and licensing.
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