Landlord Equality Law Duties for Renters in Scotland

If you rent a property in Scotland, the law protects you from discrimination and harassment based on certain personal characteristics. Landlords have specific responsibilities under the Equality Act 2010, making sure that renters with protected characteristics—such as disability, race, religion, or age—are treated fairly and can access housing equally. Understanding these duties helps you recognise your rights and what to do if you face discrimination during your tenancy.

What Are Protected Characteristics in Scottish Renting?

The Equality Act 2010 sets out 'protected characteristics'—reasons you cannot be legally discriminated against by a landlord. These include:

• Disability
• Race, nationality, or ethnicity
• Sex or gender
• Religion or belief
• Age
• Sexual orientation
• Gender reassignment
• Pregnancy or maternity
• Marriage or civil partnership (in specific circumstances)

Your landlord cannot refuse to rent to you, evict you, or treat you unfairly because of any of these characteristics.

Key Landlord Responsibilities Under Equality Law

Scottish landlords, including letting agents acting on their behalf, must:

• Not discriminate in any aspect of renting—including advertising, letting process, terms offered, or property management.
• Make reasonable adjustments if you have a disability, to ensure you can enjoy your home as much as anyone else. This might involve changing a tenancy term or allowing equipment (like handrails).
• Not harass or victimise you for asserting your rights, complaining, or supporting others making claims.

These rules apply whether you’re applying to rent, currently renting, or facing eviction. Even small acts—like refusing service animals or restricting access to communal areas—may count as discrimination.

What Are Reasonable Adjustments?

Landlords must consider reasonable adjustments to remove barriers faced by disabled tenants. This could mean:

• Allowing specialist equipment to be installed
• Permanently changing a policy (such as allowing assistance dogs where pets are otherwise banned)
• Changing the way tenancy services are provided

Landlords do not have to make physical changes to the building itself (like widening doorways), but new Scottish law means they must not unreasonably refuse requests for adaptations if you or organisations arrange funding.

What Counts as Discrimination or Harassment?

Unlawful discrimination can include:

• Refusing to rent to someone because of their race, religion, or disability
• Charging higher rent or deposits due to your background
• Placing unfavorable conditions based on protected characteristics
• Failing to take steps to stop harassment by other tenants if reported

Harassment is any unwanted behaviour linked to a protected characteristic that violates your dignity or creates a hostile, intimidating, degrading or humiliating environment—for example, making offensive jokes or comments about your disability or background.

Your Rights If You Face Discrimination

If you believe your landlord, letting agent or a fellow tenant is discriminating against you, you have a right to challenge this. Steps may include:

• Documenting incidents (dates, times, witnesses, and outcomes)
• Contacting your landlord in writing to explain the issue and request change or action
• Seeking support from advice organisations or your local authority
• Making a formal complaint or claim to a tribunal or ombudsman

Official Forms and How to Use Them

• Form ET1: Employment Tribunal Claim Form – While usually for workplace issues, if you experience discrimination directly from a landlord providing accommodation as part of employment, you may use the ET1 claim form. For pure housing matters, use the tribunal process below.
• First-tier Tribunal for Scotland (Housing and Property Chamber) Application Forms – To make a claim about equalities breaches, you can submit the relevant application form to the Housing and Property Chamber. For example, a tenant experiencing discriminatory eviction can challenge it here. Complete the application that matches your tenancy type, attach evidence, and send it as directed.

Where to Take a Discrimination Complaint

In Scotland, most disputes about residential tenancy discrimination or eviction are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). You can apply to them if you feel your rights have been breached under the Equality Act or tenancy law.

Relevant Legislation for Tenants and Landlords

• Equality Act 2010 – Sets out all UK-wide equality law and protected characteristics.
• Private Housing (Tenancies) (Scotland) Act 2016 – The key law covering private residential tenancies in Scotland.

Familiarity with these helps ensure you know where you stand and how to assert your rights if needed.

FAQ: Equality Law and Renting in Scotland

1. What is a 'reasonable adjustment' a landlord must make?
   A reasonable adjustment might include changing a tenancy agreement to allow an assistance dog or letting you install mobility aids. Landlords must consider these requests fairly but do not always have to fund or carry out major building works.
2. Can a landlord refuse to rent to me because I have children?
   No. Refusing a tenancy because you have children may be unlawful discrimination—especially if this disadvantages women or certain groups.
3. How do I file a discrimination complaint against my landlord?
   First, try to resolve the issue in writing. If that fails, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) using their relevant application form and supporting evidence.
4. What evidence do I need for a tribunal claim?
   Gather dated notes, copies of correspondence, witness statements, and any documents showing how you were treated. This helps the tribunal assess your case.
5. Are letting agents covered by equality law as well?
   Yes, letting agents must follow equality rules just as landlords do. You can make a complaint about their conduct to the tribunal or relevant ombudsman.

Key Takeaways

• Scottish landlords must not discriminate or harass tenants based on protected characteristics.
• If you have a disability, your landlord may need to make reasonable adjustments to help you access your home.
• You can challenge breaches through the First-tier Tribunal for Scotland or by seeking support from advice agencies.

Being aware of your rights and the steps you can take empowers you to ensure fair treatment when renting in Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Submit housing rights and discrimination complaints.
• Scottish Government: Tenants' Rights – Official policies and resources on renting in Scotland.
• Equality Advisory and Support Service – Free help and information on equality law.
• Citizens Advice Scotland: Housing Discrimination – Independent advice on challenging discrimination as a renter.

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1. Equality Act 2010
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Private Housing (Tenancies) (Scotland) Act 2016
4. Right to Adaptations for Disabled Tenants
5. ET1 Employment Tribunal Claim Form
6. Housing and Property Chamber Application Forms

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