Family Size Questions When Renting: Your Rights in Scotland

When searching for a rental home in Scotland, renters are often asked personal questions during the application process. One common question is about the size of your family. Understanding your legal rights regarding these questions is important to ensure a fair and lawful renting experience. This article explains whether it's legal for landlords in Scotland to ask about family size, and what you can do if you feel you've been treated unfairly due to your household.

Can Landlords Legally Ask About Family Size in Scotland?

Landlords in Scotland may ask prospective tenants how many people, including children, will be living in the property. This is often done for practical and legal reasons, such as:

• Ensuring the property is not overcrowded, in line with the Housing (Scotland) Act 1987
• Meeting health and safety standards
• Checking suitability of the tenancy agreement for all occupants

However, the key issue is how this information is used. Under the Equality Act 2010, it is unlawful for a landlord to discriminate against tenants on the basis of certain protected characteristics, including sex and pregnancy or maternity. If questions about family size are used to unfairly refuse or limit tenancies, this may be classed as discrimination.

Difference Between Lawful Inquiries and Discrimination

Landlords can ask about the number of people who will live in a property, but they cannot:

• Refuse a tenancy solely because a family has children
• Set different rental terms for families with children, unless these are objectively justified
• Discourage families from applying through wording like “no children allowed” (unless the property is restricted by law, such as in ‘sheltered’ accommodation meant for older people)

If you think a landlord has discriminated against you due to your family size, you have the right to challenge this behaviour.

How to Take Action If You Face Discrimination

Experiencing unfair treatment when applying for a rental home can be distressing. There are official steps you can take:

• Keep written records of all communications with the landlord or letting agent
• Ask the landlord to explain their decision in writing
• Seek advice from Citizens Advice Scotland or your local council’s housing team
• Make a complaint using the official procedure for the letting agent or landlord
• If no resolution, consider taking your case to the First-tier Tribunal for Scotland (Housing and Property Chamber)

Relevant Official Forms and How to Use Them

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber): When informal complaints fail, tenants can use the official tribunal application form to seek a legal decision. For example, you might use this if your landlord refuses to let the property to you because you have children. You submit this form online or by post. Form Example: "Application by a Tenant under the Equality Act 2010" (no specific form number; use the general application form and specify discrimination details).

It’s a good idea to seek advice before submitting a legal application; the Tribunal’s decisions are binding and can set important precedents for other renters.

Your Rights Under the Relevant Legislation

• Equality Act 2010: Prohibits discrimination on protected grounds, including against families with children.
• Housing (Scotland) Act 1987: Sets minimum space and occupancy standards for rented homes but does not allow blanket bans on children except in legally justified circumstances.

Knowing your rights makes it easier to stand up against unfair treatment when looking for a home.

Frequently Asked Questions

1. Can a landlord refuse to rent to me because I have children?
   No, a landlord cannot legally refuse you solely because you have children. This is considered discrimination under the Equality Act 2010, unless there is a lawful reason related to health and safety or property suitability.
2. Why do landlords ask how many people will be living in the property?
   Landlords need to ensure properties are not overcrowded and comply with health and safety standards set out in Scottish law.
3. What should I do if I think I've been discriminated against when renting?
   Keep all records, request explanations in writing, seek advice from Citizens Advice Scotland, and consider submitting a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber) if necessary.
4. Is there an official form to complain about discrimination in renting?
   Yes. You can complete the general tribunal application form through the Housing and Property Chamber website, stating the details of your discrimination case.
5. Can letting agents say 'no children' in property advertisements?
   Generally, no. Such blanket bans are likely to be unlawful unless the property is legally restricted, such as certain types of retirement accommodation.

Summary: What Renters in Scotland Should Remember

• Landlords may ask about family size for legal and safety reasons, but cannot use this to discriminate.
• If you're treated unfairly because you have children, you can challenge this through official processes.
• Seek support early, keep records, and use the official tribunal if discrimination continues.

By knowing your rights and following appropriate steps, you can help ensure that renting in Scotland is fair for all families and individuals.

Need Help? Resources for Renters

• Citizens Advice Scotland – Free confidential advice and support for housing and discrimination issues.
• First-tier Tribunal for Scotland (Housing and Property Chamber) – The tribunal responsible for residential tenancies, complaints, and disputes.
• mygov.scot: Renting Your Own Place – Official Scottish Government guidance on private renting rights.
• Scottish Government Tenants' Guide – Detailed information about the law and your rights as a renter.

1. Equality Act 2010
2. Housing (Scotland) Act 1987 – Overcrowding Rules
3. First-tier Tribunal for Scotland (Housing and Property Chamber)