Stopping eviction if you’re disabled

Your landlord cannot force you to move out without following a strict legal process.

They must:

give you a valid eviction notice in writing
apply to a tribunal or a court for an eviction order if you do not move out

There are extra protections in law if you or a family member who lives with you are disabled.

They apply if your landlord knows about the disability, and the reason you’re being evicted is related to the disability.

Your rights are different if you live with your landlord.

Examples of disabilities

A person is disabled if they have a physical or mental condition that has a long-term effect on their ability to do normal daily activities.

For example, if you have:

mobility issues, meaning you need to use a wheelchair or other aides
sensory issues, for example if you’re blind or deaf
a long-term illness that impacts your ability to do everyday things
a mental health condition
a learning disability

Discrimination in law

The Equality Act is a law that sets out the rights of disabled people so that there are protections against discrimination.

Whether you rent from a private landlord, a letting agent, the council or a housing association, your landlord cannot discriminate against you.

You may be able to stop or delay an eviction on the basis of discrimination if any of the following apply:

the reason they’re evicting you is because of something related to a disability
they did not make reasonable adjustments that could have prevented eviction action
eviction would have a serious impact on you or your family because of barriers to getting housing suitable to a disability

Your landlord can only have discriminated against you if they knew about your disability.

Reasonable adjustments

You may be able to stop the eviction if your landlord failed to make reasonable adjustments that would help you to follow the terms of the tenancy.

A reasonable adjustment could be:

changing how or when you need to pay your rent
sending you letters and documents that are accessible for you, for example in Braille
allowing you to make reasonable adaptations to your home

Examples of discrimination

The following examples show:

how issues related to a disability can lead to eviction action
what the landlord should do before starting eviction action

They are not the only examples. It’s best to get legal advice if you need to show that your landlord has discriminated against you.

Mental health and antisocial behaviour

You have a mental health condition that affects your social skills and neighbours have complained about loud sounds coming from your home.

Instead of evicting you, your landlord should offer to help you find support, such as from social work or mental health professionals.

Check our advice on stopping eviction for antisocial behaviour.

Rent arrears

You stopped working after an injury that has resulted in a disability. You get into rent arrears whilst you’re in recovery.

Instead of evicting you, your landlord must try to contact you to tell you where you can get advice about money, and help with managing your debts.

They must also:

give you clear information about your tenancy terms, how much rent you owe, and your eviction rights
try to agree on a payment plan with you
consider your circumstances and any efforts you’ve made to repay the arrears

These are called pre-action requirements.

Check our advice on stopping eviction for rent arrears.

Steps to take if you’re being evicted

1. Write to your landlord

Make sure they know about:

how the disability relates to the problem and what steps you’re taking to resolve it
why it would be difficult for you to find another home because of the disability
if there are any steps they could take to help you with the disability

You can ask your landlord for more time to resolve the issue and stop any eviction action.

Keep copies of all communication with your landlord. If you’re sending a letter, make sure you send it tracked and keep the receipt.

2. Get evidence

Keep copies of any letters between you and your landlord.

Ask your doctor or medical specialist for supporting evidence. It should explain what your or your family member’s disability is and:

how it has contributed to the problem that led to eviction action
why it would be difficult for you to find alternative housing because of the disability
whether being made homeless would have a negative impact because of the disability

You can also ask your doctor or specialist to say what type of support could help avoid the problem happening again.

3. Get legal advice

An expert in equality rights can help you decide whether you’re being discriminated against. For expert advice, contact:

the Equality Advisory and Support Service for free, Monday to Friday 9am - 7pm, Saturday 10am - 2pm on 0808 800 0082
your local Citizens Advice Bureau

A solicitor can help you if your landlord takes the eviction to court or tribunal.

A court or tribunal must decide whether it’s reasonable to evict you based on your and your landlord’s circumstances. For example, if it would be too hard for you to find another suitable home because of a disability.

You can find a solicitor on the Law Society of Scotland website.

Solicitors charge for their work, but you could get legal help for free or at a lower cost.

Check our advice on going to court or tribunal to stop an eviction if:

Finding a new home

If you need to move, check our advice on finding a home if you’re disabled.

Last updated: 3 September 2025