Can Landlords Ask About Disability in Scottish Tenancies?

Understanding your rights as a renter in Scotland is essential—especially when it comes to sensitive topics like disability. If you've ever wondered whether your landlord is allowed to ask about your disability status, Scottish law provides clear protections and guidelines to ensure fair treatment for all. This guide explains landlord obligations, disability rights, and what to do if you feel your rights have been breached.

Your Disability and Renting: What Landlords Can and Cannot Ask in Scotland

The Equality Act 2010 sets out strong protections for people with disabilities renting property in Scotland. In general, landlords cannot legally ask whether you have a disability, nor can they discriminate against you because of a disability, when deciding whether to let you a home.

What Counts as Disability Under the Law?

The Equality Act defines a disability as a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities. This covers a wide range of visible and invisible conditions.

When Can a Landlord Ask About Disability?

• Only when necessary and lawful: For example, if you request reasonable adjustments or adaptations to make the property accessible, your landlord may need to know the nature of your needs—but not your diagnosis.
• Never for letting decisions: Landlords cannot ask about your disability to decide whether to offer you a tenancy, set higher rent, or refuse your application.
• Only with your consent: If a landlord needs to know about specific accessibility requirements, information should only be shared with your permission and kept confidential.

Generally, you are not required to declare a disability on any tenancy application form in Scotland.

Reasonable Adjustments and Accessibility in Rental Homes

Scottish landlords are legally required to consider reasonable adjustments for disabled tenants, such as allowing guide dogs or installing handrails. You should not be charged extra for such adjustments. If you need changes made, you should request them in writing.

How to Request Reasonable Adjustments

• Put your request in writing to your landlord, outlining the adjustment you need and why it helps with your disability.
• If your landlord refuses without good reason, this may count as discrimination.

Relevant Forms and How to Use Them

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber):
  Use the Application Form - Eviction and Civil Proceedings if you want to challenge discrimination, seek reasonable adjustment enforcement, or resolve other tenancy matters. Complete the form with details of the issue and your evidence.
  • Example: If your landlord refuses an adaptation, you can use this form to apply to the tribunal for a ruling.

The tribunal responsible for residential tenancy disputes in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber).

Key Legislation That Protects You

• Equality Act 2010 – protections against disability discrimination.
• Private Housing (Tenancies) (Scotland) Act 2016 – governs private residential tenancies in Scotland.

Frequently Asked Questions

1. Can my landlord refuse to rent to me if I have a disability?
   No. Under the Equality Act 2010, it is unlawful for a landlord to refuse a tenancy or treat you less favourably because of your disability.
2. Do I have to tell my landlord about my disability?
   No, you are not required by law to disclose your disability unless you want reasonable adjustments or changes made to the property to help you.
3. What can I do if my landlord asks inappropriate questions about my disability?
   You can remind your landlord of your rights under the Equality Act and, if needed, report discrimination or seek legal advice. You may also apply to the First-tier Tribunal for help.
4. Who handles complaints about disability discrimination in renting?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) handles these issues. You can submit an application form with details of your complaint.
5. What is a ‘reasonable adjustment’ in a rented home?
   Reasonable adjustments are changes made by a landlord, such as installing ramps or allowing assistance animals, to enable disabled tenants to access and enjoy their home equally to others.

Conclusion: Key Takeaways for Scottish Renters

• Landlords in Scotland cannot legally ask about disability except in limited, consent-based situations such as accessibility adaptations.
• You are protected under the Equality Act 2010 from discrimination in renting.
• If you experience discrimination, you can take your case to the First-tier Tribunal for Scotland.

Knowing your rights can help you feel more secure and empowered in your home.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – information and applications for tenancy disputes, adaptations, and discrimination.
• Shelter Scotland - Get Help – free advice and support for tenants facing housing problems or discrimination.
• Equality Advisory and Support Service – for specific advice on your disability rights under the Equality Act.

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1. Equality Act 2010
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Private Housing (Tenancies) (Scotland) Act 2016

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