Landlord Rules on Renting to People on Benefits in Scotland

If you're searching for a new home in Scotland and currently receive benefits such as Universal Credit or Housing Benefit, you might be worried about whether a landlord is legally allowed to refuse you. This issue causes confusion for many renters. This article explains your rights, what the law says, and how you can respond if you feel you've been treated unfairly.

Are Landlords Allowed to Refuse Tenants on Benefits in Scotland?

Under current Scottish law, there is no specific legislation explicitly prohibiting landlords from refusing to let to tenants who claim benefits. However, the situation is more complex and other protections may apply depending on your circumstances.

Discrimination and Protected Characteristics

It's important to know that being in receipt of benefits itself is not a protected characteristic under the Equality Act 2010. As a result, a landlord can choose not to rent to someone on "benefits" unless this refusal is linked to:

• Disability
• Race
• Sex
• Other protected characteristics (for the full list, see Equality Act 2010^[1])

If a landlord's policy indirectly discriminates against a person due to a protected characteristic (for example, disabilities or family status), this may be unlawful. You may be able to challenge this through the official tenant rights channels in Scotland.

Housing (Scotland) Legislation

The main law covering private renting in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016^[2]. While this sets out tenants' and landlords' rights, it does not prevent refusal on the basis of income source (such as benefits). However, advertising that outright bans anyone on benefits ("No DSS" or similar) can potentially be indirect discrimination if it disproportionately affects disabled people, for example. If you are refused because of a protected characteristic, you can make a complaint.

How to Respond If Refused for Being on Benefits

If you believe you've been treated unfairly, consider these steps:

• Ask the landlord or letting agent to put the reason for refusal in writing
• If the refusal appears linked to disability, race, or other protected characteristics, you may wish to raise a discrimination complaint
• Contact advice agencies for guidance and support

Official Tribunal for Housing Issues

If you need to challenge discrimination or raise a dispute in Scotland, you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)^[3]. This tribunal is responsible for resolving a wide range of landlord-tenant issues.

Relevant Forms: Applying to the First-tier Tribunal

• Application for a Determination of a Dispute (Form AT6): Used when you wish to challenge tenancy-related decisions. For example, if you feel your tenancy was refused due to unlawful discrimination and discussions have not resolved the issue.
  - Download the AT6 Form
• Notification of Discrimination (Form EQA1): Used for issues covered by the Equality Act 2010, such as indirect discrimination due to a disability. You can find the process outlined at the Equality Advisory Support Service.

Practical Example: If you applied to a letting agency and were refused after disclosing you receive disability benefits, and you believe the refusal is linked to your disability, you can submit the AT6 form to the tribunal or contact the Equality Advisory Support Service for next steps.

Steps You Can Take

• Talk to the landlord or agent and ask them to reconsider
• Collect evidence — keep any messages or adverts that mention “No DSS” or similar phrases
• If indirect discrimination may have occurred, get advice (see support resources below)
• If needed, submit the appropriate tribunal form as described above

Remember, government support agencies and tenant advocacy groups can guide you throughout the process.

FAQ: Renting on Benefits in Scotland

1. Can a landlord in Scotland put 'No DSS' or 'No benefits' in their adverts?
   Landlords and letting agents are strongly advised not to use phrases such as 'No DSS' or 'No benefits' as this could indirectly discriminate against certain groups and may breach the Equality Act 2010 if it disadvantages those with a disability or other protected characteristic.
2. Do I have a right to rent in Scotland if I receive Universal Credit?
   There is no law forcing Scottish landlords to accept tenants on benefits. However, blanket bans may be considered as indirect discrimination in certain cases and can be challenged if linked to a protected characteristic.
3. What can I do if I feel I have been refused unfairly because I'm on benefits?
   Gather any written evidence and seek advice from tenant support services or consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber) if you believe discrimination has taken place.
4. How do I make a complaint about discrimination by a landlord in Scotland?
   You can start by speaking with an advice agency or using the Equality Advisory Support Service, then formally complain or take your case to the tribunal if necessary.

Conclusion: What Renters Should Remember

• Scottish law does not specifically stop landlords from refusing tenants on benefits, but anti-discrimination laws may give you protection if a refusal relates to a protected characteristic.
• If you believe you’ve been discriminated against, seek advice and consider making a complaint or applying to the tribunal.
• Document all correspondence and use official forms if you decide to take your case forward.

Understanding your rights helps ensure a fair and equal renting process. Stay informed and don’t hesitate to reach out for help if you are unsure.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles landlord/tenant disputes
• Scottish Government Tenant Rights – information on Scottish tenant rights and landlord obligations
• Citizens Advice Scotland: Renting a Home – free advice for tenants on benefit discrimination, tenancy problems, and more
• Equality Advisory Support Service (Scotland) – for discrimination guidance

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

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