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17/12/25 3:30 pm
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The question of whether disabled tenants can be evicted in the UK often arises from complex situations where landlords face financial pressures or property needs, whilst tenants with disabilities require stability and adapted accommodation. Understanding the legal framework is crucial for landlords and agents navigating these sensitive circumstances.
In August 2022, a high-profile case highlighted the complexities surrounding disability and eviction. Harvey Cowe, a 62-year-old quadriplegic, and his wife Sheree had lived in their Hove property for 25 years after Brighton & Hove Council spent £200,000 adapting the home for his condition.
The landlords, Anna and Dean Lashmar, needed to sell the £800,000 property to cover a £1.4 million inheritance tax bill. At the time, they gave the couple three months to purchase the property. Family members sold their homes to raise £500,000, and the council offered to match this with a mortgage. However, when the Cowes presented their £925,000 offer, the deadline had passed by a week and eviction proceedings had already begun.
The court granted possession, and bailiffs were instructed to proceed with enforcement. The case attracted significant attention due to the tenant's severe disability and the substantial adaptations made to the property.
Disabled tenants can be evicted, but the process must be lawful and non-discriminatory. The Equality Act 2010 provides significant protections, and landlords must navigate these carefully to avoid discrimination claims.
Read more: Legislation for landlords: Everything you need to know
Equality Act 2010 protections apply to all landlords and managing agents. The Act prohibits several forms of discrimination:
Proportionality test - courts will assess whether eviction is proportionate to achieve the landlord's legitimate aim. Alternative solutions must be considered where possible.
Public sector equality duty applies to local authority landlords and housing associations, requiring them to demonstrate due regard to eliminating discrimination and advancing equality.
Document your legitimate reasons for seeking possession. Valid grounds might include:
Consider reasonable adjustments that might resolve issues without eviction:
Seek legal advice before proceeding, especially if the tenant's disability is known or suspected to be connected to the possession ground.
Expect potential defences based on disability discrimination. Courts will scrutinise:
Provide evidence that decisions were made fairly and that disability was properly considered in the process.
Be prepared for delays as courts carefully examine discrimination defences, particularly where significant adaptations exist or alternative accommodation is limited.
Local councils have duties to assist vulnerable tenants facing homelessness. Early engagement can help identify solutions and demonstrate good practice.
Housing associations and local authority landlords face additional obligations under the public sector equality duty and must document their decision-making process thoroughly.
The Equality Act 2010 established the current framework for disability protection in housing. Recent case law has strengthened requirements for proportionality assessments in possession proceedings involving disabled tenants.
Post-2025 reforms under the Renters' Rights Act maintain existing equality protections whilst introducing new procedural requirements for all evictions, including enhanced notice periods and mandatory court proceedings for all possession claims.
Can I evict a disabled tenant for rent arrears?
Yes, but you must follow proper procedures and consider whether the arrears relate to disability-connected issues like benefit delays. Courts will examine whether eviction is proportionate and if alternative solutions were explored.
Do I need to make reasonable adjustments before evicting?
You must consider reasonable adjustments throughout the tenancy. If the possession ground relates to something that could be addressed through adjustments, failure to consider these may constitute discrimination.
What if I didn't know the tenant was disabled?
You cannot discriminate based on disability you're unaware of, but once you know or should reasonably know about a disability, you must consider this in your decision-making.
Can disabled tenants refuse entry for inspections?
No, but you may need to make reasonable adjustments to inspection procedures to accommodate their disability, such as providing additional notice or arranging suitable times.
What happens if the property has expensive adaptations?
Adaptations don't prevent eviction, but courts will consider the impact of losing adapted accommodation when assessing proportionality. The availability of suitable alternative accommodation is relevant.
Do mental health conditions count as disabilities?
Yes, mental health conditions can constitute disabilities under the Equality Act if they have substantial, long-term effects on daily activities. This includes conditions affecting behaviour that might lead to possession proceedings.
Can I use accelerated possession procedures?
Standard accelerated possession (Section 21) procedures don't automatically exclude disability considerations, though the Renters' Rights Act will abolish these. Section 8 proceedings allow for disability defences to be raised.
What about anti-social behaviour linked to disability?
Behaviour connected to disability requires careful handling. While landlords can still seek possession for genuine anti-social behaviour, they must consider whether support services or reasonable adjustments could address the underlying issues.
How do I prove my actions weren't discriminatory?
Document your decision-making process, show you considered the tenant's disability, demonstrate you explored alternatives, and evidence that your actions pursue a legitimate aim through proportionate means.
Should I get legal advice before evicting disabled tenants?
Yes, particularly in complex cases involving significant adaptations, mental health issues, or where the disability may be connected to the possession ground. Professional guidance helps avoid discrimination claims and procedural errors.
For comprehensive support with landlord legal obligations and insurance protection, Total Landlord provides expert guidance and coverage options designed specifically for UK property professionals.
Yes, disabled tenants can be evicted, but landlords must follow strict legal procedures and cannot discriminate. The eviction must be for legitimate reasons and proportionate under the Equality Act 2010.
The Equality Act 2010 prohibits discrimination against disabled tenants and requires landlords to make reasonable adjustments. Courts assess whether eviction is proportionate to achieve legitimate aims.
Yes, landlords must consider reasonable adjustments that might resolve issues without eviction, such as payment plans for disability-related arrears or support for behavioural issues.
Adaptations don't prevent eviction but courts consider the impact of losing adapted accommodation when assessing proportionality. Alternative suitable housing availability is also relevant.
Yes, mental health conditions qualifying as disabilities under the Equality Act require careful consideration. Behaviour linked to mental health may need support rather than eviction.
Standard possession grounds apply (rent arrears, breach of tenancy, anti-social behaviour, landlord requirements) but must be pursued lawfully without discrimination and with proper consideration of disability.
Document your decision-making process, show consideration of the tenant's disability, demonstrate exploration of alternatives, and evidence proportionate pursuit of legitimate aims.
Yes, especially for complex cases involving adaptations or disability-connected issues. Legal advice helps avoid discrimination claims and procedural errors.
Discrimination can result in the eviction being refused, compensation claims, and potential legal action. Courts take disability discrimination seriously in possession proceedings.
Yes, local authority landlords must comply with the public sector equality duty, requiring documented consideration of disability impacts and efforts to eliminate discrimination.
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