Updated October 2026 · Fraser Bond
Landlords
Fair, lawful and supportive: the three tests for any possession decision
Equality Actapplies
Supportfirst
Section 8grounds only
Courtdecides
In short: A tenant's mental health condition doesn't stop a landlord seeking possession, but it changes how you should act. Mental health conditions can be a disability under the Equality Act 2010, so landlords must avoid discrimination and consider reasonable adjustments. Try support routes first, keep good records, and use the correct Section 8 grounds. Since 1 May 2026, no-fault Section 21 evictions have ended in England.
- Talk to the tenant, and with consent, their support worker or family
- Contact the council's adult social care or housing team if you're worried about wellbeing
- Agree payment plans for arrears and signpost to debt and benefits advice
- Consider adjustments such as written communication or extra time
- Use the right Section 8 ground with clear evidence
- Consider whether the issue is linked to the disability (Equality Act)
- The court may consider proportionality
- Never harass, cut off services or change locks
- If someone is at immediate risk, call 999
- For concerns about a tenant's safety, contact adult social care
Good practice checklist
Frequently asked questions
Can I evict a tenant because they have a mental illness?
No. Evicting because of a disability is discrimination. Possession must be based on lawful grounds such as rent arrears or anti-social behaviour, and handled proportionately.
What if behaviour is affecting neighbours?
Seek support first, document incidents, and take advice on anti-social behaviour grounds.
Do I have to make adjustments?
You should consider reasonable adjustments, such as flexible communication or time to arrange support.
Facing a difficult tenancy situation?
Our management team handles sensitive cases fairly and within the law.
Speak to our team
