Is It Illegal for Landlords to Refuse Tenants Based on Race or Religion in Scotland?

Dealing with discrimination can be stressful for renters in Scotland. If you’re worried about being refused a tenancy based on your race or religion, it’s important to know your rights under Scottish law. In this guide, you'll learn if such refusal is illegal, what protections you have, and how to act if you experience unfair treatment when renting.

Your Rights as a Renter in Scotland

Scottish tenants are protected under both national and UK-wide laws from discrimination due to race, religion, or other "protected characteristics". It is unlawful for a landlord, letting agent, or housing provider to treat you unfairly or refuse you a tenancy based on these grounds.

What Laws Prohibit Discrimination?

• Equality Act 2010 – UK legislation that makes it illegal to discriminate against someone because of race, religion or belief, among other protected characteristics.^[1]
• Private Housing (Tenancies) (Scotland) Act 2016 – sets out tenants’ rights and landlord responsibilities in Scotland.^[2]

Discrimination is illegal both when applying for a property and once you’re living there.

Examples of Illegal Discrimination in Rentals

• A landlord refusing to let a flat to you because you are from a certain ethnic background
• An agent turning down your application because of your religion or religious dress
• Advertising a property with statements such as "No Muslims" or "White tenants only"

These actions violate the Equality Act 2010 and can result in complaints, investigations, and potential penalties for the landlord or agent.

What Should You Do If You Experience Discrimination?

If you believe a landlord or letting agent has refused you because of your race or religion, you have several steps you can take. Acting promptly helps ensure your complaint is fully investigated and your rights are upheld.

1. Gather Evidence

• Keep written records, messages, emails, or advertisements showing discriminatory remarks
• Note down dates, names, and locations of conversations

2. Make a Formal Complaint

Start by writing to the landlord or agent outlining what happened and why you believe it was discrimination. Many letting agencies will have an internal complaints process.

3. Escalate to the Housing and Property Chamber

If you are not satisfied with the response, or discrimination persists, you can apply to the First-tier Tribunal for Scotland Housing and Property Chamber.^[3]

Relevant Official Forms

• Application Form: Housing and Property Chamber (Form AT6 or referral forms)
  Used to report discrimination or dispute tenancy issues. For example, if you are refused a tenancy and have evidence of religious or racial bias, you can submit details using these forms to the Application Form for Tenants.
  See information on making an application to the Tribunal.

Send completed forms and supporting evidence to the Tribunal. This process is free for tenants and can lead to investigations and potential compensation.

Tip: If you are unsure, Citizens Advice Scotland can help you review your situation and next steps. You can also search for local council support.

How the Law Protects You

The Equality Act 2010 covers all stages of renting, meaning landlords and agents must not:

• Refuse to let a property to someone based on race or religion
• Treat tenants less favourably in repairs, communication, or eviction due to protected status
• Make discriminatory statements in adverts or correspondence

Breaching the law can result in legal action, fines, and reputational damage for landlords or letting agents.

FAQ: Discrimination and Rental Refusals in Scotland

1. Can a landlord legally ask about my race or religion when I apply for a tenancy?
   No, landlords and agents cannot ask about your race or religion, as doing so could indicate possible discriminatory intent.
2. Is it discrimination if a landlord gives a different reason for refusing me, but I suspect it’s due to my religion or race?
   If you have evidence suggesting the real reason is your religion or race, you may still be protected under the Equality Act 2010. Gather all relevant evidence and seek advice or make a formal complaint.
3. What penalties could a landlord face for illegal discrimination?
   Landlords found to have breached discrimination laws can be ordered by the Tribunal to pay compensation, rectify the situation, or face fines and further legal consequences.
4. Can I get support if I’ve faced rental discrimination in Scotland?
   Yes. Organisations like Citizens Advice Scotland and Shelter Scotland offer advice, and you can apply to the Housing and Property Chamber for resolution.
5. How do I start a complaint at the First-tier Tribunal for Scotland Housing and Property Chamber?
   Download the tenant application form from the Tribunal’s website, attach your evidence, and send it as directed in the guidance for applications.

Key Takeaways

• It is illegal for Scottish landlords to refuse you based on race or religion, under the Equality Act 2010.
• If you’re refused a tenancy on discriminatory grounds, collect evidence and use the Housing and Property Chamber for help.
• Official forms and support services are available and complaints are free for tenants.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland Housing and Property Chamber – Apply or get advice on tenancy disputes.
• Citizens Advice Scotland – Practical guidance on discrimination and tenants’ rights.
• Shelter Scotland – Renter support and information on housing discrimination.
• mygov.scot – Tenancy Rights in Scotland

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

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