Renting in Scotland can raise questions about whether landlords may ask for criminal record checks. As a tenant, you have rights to privacy and fair treatment, and it's important to know when a disclosure is lawful, what types of checks exist, and how to respond if a landlord requests one. This guide explains how Disclosure Scotland checks and the PVG scheme work in a private-renting context, what official forms you might use, and the practical steps to protect your tenancy and challenge unfair decisions. It is written for renters and leaseholders in Scotland who need clear, practical steps and links to official sources so you can act quickly and confidently.
What landlords can and cannot ask about criminal records
In Scotland, landlords do not have a general right to run criminal record checks on tenants. Checks are lawful only where they are necessary and proportionate to the tenancy: for example if the property is used to provide care or housing linked to regulated work with vulnerable people. Disclosure Scotland provides basic disclosures[1] and the PVG scheme covers regulated work with vulnerable people[2]. The Private Housing (Tenancies) (Scotland) Act 2016 and related guidance set the legal framework for private tenancies and anti-discrimination rules[3]. Always ask the landlord why a check is needed and whether it is a legal requirement.
Disclosure checks tenants might be asked for
- Basic disclosure from Disclosure Scotland, which shows unspent convictions and can be applied for by the individual.
- PVG scheme membership where accommodation involves regulated work or vulnerable occupants and a safety check is required.
- References or documented records from previous landlords or employers that show tenancy history and behaviour.
What you can do if a landlord asks for a check
- Contact the landlord in writing and ask for the legal reason and how the information will be used.
- Request a copy of any notice or form the landlord is relying on to justify the check.
- Apply for your own Basic Disclosure if you want to see what a check would show and choose what to share.
- Seek free advice and, if necessary, apply to the First-tier Tribunal (Housing and Property Chamber) to challenge unfair refusals or discrimination[4].
Official forms and how tenants use them
Basic Disclosure (Disclosure Scotland). Name/number: Basic Disclosure (no published form number). When used: an individual applies to receive a basic disclosure showing unspent convictions. Tenant example: you apply for a Basic Disclosure and provide the issued certificate to a prospective landlord to demonstrate there are no relevant convictions for the tenancy. Official guidance and the online application are on the Scottish Government site.[1]
PVG scheme application. Name/number: PVG Scheme application (no single public form number for individuals). When used: membership is required for people carrying out regulated work with vulnerable groups; housing providers tied to regulated work may lawfully require PVG checks. Tenant example: where a tenancy is part of supported accommodation, the landlord may ask for PVG membership details and you can follow the official process to apply or update status.[2]
Private Housing (Tenancies) (Scotland) Act 2016. Name/number: Primary legislation (Private Housing (Tenancies) (Scotland) Act 2016). When used: the Act sets the rights and responsibilities in private residential tenancies in Scotland and is the legal context for whether a check is proportionate. Tenant example: if you believe a landlord's requirement is unlawful under the tenancy rules, the Act and associated guidance explain your rights.[3]
Housing and Property Chamber application forms. Name/number: Application forms on the Housing and Property Chamber website (various application types). When used: you use these forms to ask the tribunal to resolve possession disputes, discrimination claims or other tenancy issues. Tenant example: if you are refused a tenancy because of a conviction and you believe that is discriminatory, you collect evidence and use the Chamber's application process to bring the matter for decision.
Key Takeaways
- Remember that landlords usually cannot demand criminal checks without a clear and lawful reason.
- Keep evidence by saving disclosures, receipts and communications about any request.
- Contact the Housing and Property Chamber or free advice services if you face refusal or discrimination.
FAQ
- Can a landlord in Scotland run a criminal record check on me?
- No. Landlords do not have a general right to run criminal checks on tenants; checks are lawful only if necessary and proportionate to the tenancy.
- Do I have to give a Basic Disclosure to my landlord?
- No. You do not have to provide a Basic Disclosure unless there is a lawful reason; you may choose to share one to speed an application but it is voluntary.
- What can I do if I am refused a tenancy because of my record?
- Ask for the reason in writing, collect evidence, seek advice, and you can apply to the First-tier Tribunal (Housing and Property Chamber) to challenge discrimination.
How-To
- Contact the landlord in writing to ask why a check is needed and request the legal basis.
- Request copies of any notices or forms the landlord cites as justification.
- If helpful, apply for your own Basic Disclosure and consider sharing that copy.
- If you believe the refusal is unfair or discriminatory, gather evidence and consider applying to the First-tier Tribunal (Housing and Property Chamber).
- Keep dated records of conversations, emails and documents and seek free housing advice early.
Help and Support / Resources
- Disclosure Scotland: Basic disclosure
- Scottish Government: PVG scheme guidance
- First-tier Tribunal for Scotland (Housing and Property Chamber)
