Discrimination against benefit recipients and families in rentals

Tenants and renters in Scotland who receive benefits or who are raising children can face discriminatory practices when they look for or keep a home. This article explains what unlawful tenancy discrimination looks like, when a landlord or agent may be breaking the law, and what steps you can take if you are treated unfairly because of income, benefits, family size or age of children. It sets out the main rights under Scottish tenancy law, the official forms and evidence that help build a complaint, and where to bring a case. Plain-language examples and practical next steps are provided so you can act confidently and access the right help.

What counts as discrimination in renting?

Discrimination related to benefits or family status can be direct or indirect. Direct discrimination is when a landlord treats you worse because of receiving benefits or because you have children. Indirect discrimination is when a rule that applies to everyone disproportionately affects families or people on benefits.

• Refusing to show or offer a rental because you receive benefits.
• Charging a higher deposit or extra fees for tenants who claim benefits.
• Advertising "no families" or refusing applications because you have children.
• Making rules that indirectly exclude tenants on low incomes, without a fair justification.

Laws and official bodies

The Private Housing (Tenancies) (Scotland) Act 2016 sets out rights and the framework for private tenancies in Scotland^[1]. For disputes and enforcement, the First-tier Tribunal for Scotland (Housing and Property Chamber) handles many tenancy cases and accepts applications from tenants and landlords^[2].

Official guidance for private renting in Scotland explains how landlords must treat tenants and the steps to resolve problems^[3].

Official forms you may use

• Housing and Property Chamber application form (application page, no numbered form): use this to ask the tribunal to consider a housing discrimination or tenancy dispute; for example, apply if a landlord refuses to rent to you because you receive benefits. Housing and Property Chamber - Make an application
• Local authority complaint or landlord written complaint template (no single national form): start with a clear written complaint to your landlord or agent, dated and keeping a copy; for example, send a short email demanding reconsideration of a rejected application with reasons and evidence.

What to do if you think you've been discriminated against

Follow practical steps: collect evidence, complain to the landlord or agent, ask for a review in writing, and if that fails, apply to the tribunal or use official complaint routes. Use the tribunal application for unresolved tenancy disputes and keep records of all communications.

FAQ

Can a landlord refuse me because I get benefits?

No. Refusing to rent solely because someone receives benefits can be treated as unfair practice under tenancy rules and may be challenged with evidence.

Will the tribunal order my landlord to rent to me?

The tribunal can make orders to resolve tenancy disputes, including ending unfair terms, awarding compensation or other remedies; outcomes depend on the facts and evidence.

How long do I have to apply to the tribunal?

Time limits vary by type of application; act promptly, check the tribunal guidance and seek advice about deadlines.

How-To

1. Gather evidence: save adverts, photos, texts, emails and receipts that show the discriminatory action.
2. Raise the issue with the landlord or letting agent in writing and request a clear response within a reasonable time.
3. Submit a formal complaint or application to the Housing and Property Chamber if the landlord does not resolve the issue.
4. Prepare for a tribunal outcome by organising evidence, witness statements and copies of any forms you submitted.

Help and Support / Resources

• Housing and Property Chamber, First-tier Tribunal for Scotland
• Private Housing (Tenancies) (Scotland) Act 2016 — legislation.gov.uk
• Scottish Government guidance on private renting

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
2. [2] Housing and Property Chamber - Make an application
3. [3] Scottish Government guidance on private renting