Housing Discrimination Laws for Renters in Scotland
As a renter in Scotland, it's important to know your rights—especially if you suspect you’re being treated unfairly due to who you are. Discrimination in housing is a serious issue, and there are strong legal protections in place for renters who believe they have experienced unlawful discrimination from landlords, letting agents, or others involved in providing accommodation.
What is Housing Discrimination in Scotland?
Housing discrimination refers to being treated less favourably than others when renting or seeking accommodation because of a protected characteristic. In Scotland, the main law that protects renters from this kind of unfair treatment is the Equality Act 2010[1].
- Protected characteristics include age, disability, gender reassignment, marriage or civil partnership, pregnancy/maternity, race, religion or belief, sex, and sexual orientation.
- Discrimination is illegal at any stage: when looking for a property, during your tenancy, and even when leaving a property.
This means a landlord or letting agent cannot legally refuse to rent to you, treat you differently, or evict you based on any of these characteristics.
Your Legal Rights as a Renter in Scotland
The Equality Act 2010 protects renters in both the private and social sectors. In addition, housing law such as the Private Housing (Tenancies) (Scotland) Act 2016[2] supports your rights as a tenant.
- If you believe you’ve been discriminated against—for example, being refused a flat because of your ethnicity or being harassed because of your religion—this is usually unlawful.
- Landlords are also required to make reasonable adjustments if you have a disability, ensuring your home is accessible.
Types of Discrimination Banned in Housing
- Direct discrimination: Being treated worse than others because of a protected characteristic.
- Indirect discrimination: Policies or rules that apply to everyone but put some people at a disadvantage.
- Harassment: Unwanted behaviour related to a protected characteristic that makes you feel intimidated or offended.
- Victimisation: Being treated badly because you've complained about discrimination or supported someone else’s complaint.
More detailed information can be found on the Scottish Government’s accessible homes policy page.
What to Do If You Experience Discrimination
If you think you've faced unlawful discrimination as a renter in Scotland, you have several options for challenging it and seeking support.
- Keep a written record of any incidents, including dates, times, and what happened.
- Raise the issue with your landlord or letting agent, ideally in writing. Politely explain what happened and why you think it’s discrimination.
- If the issue isn’t resolved, you can make a formal complaint or take legal action.
Tip: The First-tier Tribunal for Scotland (Housing and Property Chamber) is the main body that hears housing disputes, including discrimination complaints.
How to Start a Formal Complaint
You can apply to the tribunal if your complaint cannot be solved directly with your landlord. The Form F: Application to the First-tier Tribunal for Housing Disputes is commonly used for this purpose.
- Form name: Application Form (Form F)
- When to use: If you’ve suffered housing discrimination and wish to take the case to the tribunal.
- How it works: Fill out the form detailing your situation, attach any evidence, and submit it to the tribunal.
- Where to find: Application forms for the Housing and Property Chamber
The tribunal may ask for further information or arrange a hearing. The process is designed to be accessible and doesn’t always require legal representation.
Relevant Legislation and Where to Find Help
For a full understanding of the laws, you can review:
The First-tier Tribunal for Scotland (Housing and Property Chamber) is the official body for resolving most housing disputes, including discrimination cases.
Frequently Asked Questions
- Is it illegal for a landlord in Scotland to discriminate based on race or religion?
Yes, under the Equality Act 2010, it is illegal for landlords to discriminate against someone because of their race, religion, or any other protected characteristic. You are protected from this at every stage of renting. - What should I do if I suspect my landlord rejected my application because of my disability?
Keep records of your communication, and ask the landlord for the reasons in writing. If you feel you were discriminated against, you can submit a complaint using the tribunal’s application form. - What is the First-tier Tribunal for Scotland (Housing and Property Chamber)?
This is the organisation responsible for handling most residential tenancy disputes in Scotland, including cases involving discrimination or accessibility issues. - Can my landlord evict me for making a discrimination complaint?
No. Victimisation—treating you badly because you complained about discrimination—is also illegal under the Equality Act. If this happens, you can complain to the tribunal. - Where can I find official guidance on discrimination and housing?
You can visit the Scottish Government’s guidance or the Equality and Human Rights Commission housing advice.
Conclusion: Key Takeaways for Renters
- Discrimination in renting is illegal in Scotland under the Equality Act 2010 and related housing law.
- If you experience discrimination, keep a record and consider raising a complaint with your landlord and the First-tier Tribunal for Scotland.
- Support and free guidance is available from official housing and equality bodies.
Knowing your rights as a renter helps you protect yourself and access safe, fair housing in Scotland.
Need Help? Resources for Renters
- First-tier Tribunal for Scotland (Housing and Property Chamber): Official tribunal for residential tenancy disputes and discrimination cases.
- Scottish Government Accessible and Adapted Homes Guidance: Official policy information and advice.
- Equality and Human Rights Commission (EHRC) Scotland – Housing Advice: Free support and information on your rights under equality law.
- Citizens Advice Scotland – Discrimination in Housing: Independent guidance for renters.
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