Age Discrimination and Tenant Selection in Scotland

If you're renting in Scotland, you may wonder whether a landlord is allowed to choose tenants based on their age. This concern is especially relevant for students, retirees, or young professionals navigating the competitive rental market. Understanding your rights can empower you to seek fair treatment during your housing search.

Is It Legal for Landlords to Discriminate by Age in Scotland?

Under the Equality Act 2010, it is generally unlawful for service providers, including landlords, to discriminate against people because of their age. However, when it comes to housing, the Act sets out some exceptions and nuances.

• Landlords cannot refuse to rent to someone simply because of their age, except in very limited circumstances set by law.
• Age is recognised as a "protected characteristic"—meaning discrimination on this basis is prohibited except where law specifically allows it.
• Certain types of specialist accommodation (such as student halls or retirement properties) are allowed to specify age requirements.

The Scottish Government’s guidance on age discrimination provides full details.

What Does Age Discrimination Look Like?

Age discrimination can appear in various forms, such as:

• Advertising a flat with "no under 30s" or "professionals only aged 25+"
• Rejecting applications purely due to a tenant’s young or older age
• Imposing higher rent or less favourable conditions because of age

These practices are likely to be unlawful, unless the property is exempt due to being a specialist provision (e.g., student accommodation).

Your Rights as a Renter—and What to Do If You Face Age Discrimination

If you believe a private landlord has treated you unfairly because of your age, there are steps you can take to challenge this behaviour.

• Keep written records of communications with the landlord or letting agent.
• Send a written complaint to the landlord or agent, clearly explaining why you believe their actions are discriminatory.
• If there’s no resolution, you can take your complaint further—see below for official channels.

Official Tribunals and Forms

In Scotland, complaints about private tenancy issues are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). They deal with disputes between tenants and landlords, including alleged unfair practices.

• If your case involves general discrimination or a breach of the Equality Act 2010 beyond the landlord-tenant relationship, you may also consider going to the Sheriff Court using the Simple Procedure Forms (specifically, the Simple Procedure Claim Form).

Simple Procedure Claim Form:

• When to use: To claim compensation or request an order due to discrimination if the First-tier Tribunal does not have jurisdiction.
• How to use: Fill out and submit the Claim Form to your local Sheriff Court with details of your complaint, supporting evidence, and requested remedy.

Relevant Legislation for Renters in Scotland

The key laws protecting renters from discrimination include:

• Equality Act 2010: covers protection against discrimination on the grounds of age.
• Private Housing (Tenancies) (Scotland) Act 2016: sets out rights and responsibilities in tenancy agreements.

Keen knowledge of your rights under these laws will help ensure you are treated fairly throughout your tenancy search and rental experience.

FAQ: Age and Renting in Scotland

1. Can a landlord advertise a property with a specified age limit?
   Generally, no. Advertisements stating an age restriction (e.g., "no under 25s") are usually not permitted unless it’s for specialist accommodation such as student or retirement housing.
2. What should I do if I suspect age discrimination?
   Keep records, complain in writing to the landlord or agent, and if unresolved, consider a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber) or the Sheriff Court.
3. Are there any situations where landlords can lawfully set an age limit?
   Yes, for specialist accommodation (like retirement housing or student residences) an age limit may be legal and specified in law.
4. Will raising a complaint affect my chances of getting a tenancy?
   Landlords aren’t allowed to retaliate against you for raising a discrimination complaint. It’s unlawful victimisation under the Equality Act 2010.
5. Where can I get official advice or help?
   Organisations such as the Citizens Advice Scotland and Housing and Property Chamber offer free guidance.

Key Takeaways

• Landlords in Scotland generally cannot select tenants based solely on age (unless providing specialist accommodation).
• The Equality Act 2010 and Scottish tenancy laws protect you from unlawful age discrimination when renting.
• Always keep records and seek help from official sources if you believe you have faced discrimination.

Need Help? Resources for Renters

• MyGov Scotland: Renting Your Own Place
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Citizens Advice Scotland – Renting
• Equality Advisory and Support Service

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1. Equality Act 2010
2. Scottish Government - Guidance on Age Discrimination in Services
3. Private Housing (Tenancies) (Scotland) Act 2016
4. First-tier Tribunal for Scotland (Housing and Property Chamber)
5. Simple Procedure Claim Form

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