Eviction if you're a disabled person

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

If you're a disabled person, you have extra protection against eviction. This is to prevent your landlord from treating you unfairly because of your disability.

What are my rights if I'm a disabled person?

If you're a disabled person, you have extra protection against eviction under the Disability Discrimination Act 1995 (DDA). The DDA states that it is illegal for a landlord to evict you for any reason relating to your disability.

This means that your landlord cannot evict you:

• for antisocial behaviour if your behaviour is caused by your disability, for example, if you have mental health issues or a condition such as Tourette's syndrome
• for rent arrears or a persistent delay in paying the rent if this is caused by your disability, for example, because you have been off work sick
• for damage to the property if this resulted from your disability, for example, if you're a wheelchair user and have accidentally damaged the carpets, paintwork or furniture
• for breaking the terms of your tenancy, if this is a result of your disability.

In these situations, your landlord should only be able to evict you if:

• they have followed the eviction process correctly, and
• your behaviour is affecting the health or safety of other people around you, or
• you're preventing other people living in your building from using the facilities.

Who has these rights?

Many people who do not consider themselves to be 'disabled' are covered by the DDA - to find out whether you're covered, read our page about disability discrimination.

What should I do if my landlord is trying to evict me?

As soon as you receive a notice to quit from your landlord, you should get specialist advice as straightaway. You can get help from:

• the Equality and Human Rights Commission (EHRC)
• a housing aid centre or Citizens Advice Bureau
• a solicitor at a law centre or private firm.

When you talk to the adviser, make sure you explain about your disability and how this is connected to your eviction. This is a complicated situation, especially since a recent decision in the English courts has made it harder for people to use disability as a defence against eviction. However, it's definitely worth getting advice as soon as possible.

What should I do if my landlord has already evicted me?

If your landlord has already evicted you for a reason connected to your disability, you may be able to take them to court under disability discrimination law and, for example, get damages to make up for the unfair treatment. Read the page on tackling disability discrimination to find out more.