Pregnancy and Eviction: Your Rights as a Renter in Scotland

Facing eviction while pregnant can feel overwhelming, but Scottish law offers protections to renters. Pregnancy is a protected characteristic under UK equality law, so it is usually unlawful for a landlord to evict or treat a tenant unfairly because they are pregnant. In this guide, we explain the legal rules, your options, and the official steps to take if you believe you've experienced discrimination.

Understanding Pregnancy-Related Eviction in Scotland

Evictions are strictly regulated in Scotland. Landlords cannot evict renters because of pregnancy or related reasons. Such an action is considered discrimination and is unlawful under the Equality Act 2010^[1] and Scottish tenancy laws.

What Is a Pregnancy-Related Eviction?

This refers to any attempt by a landlord to force a tenant to leave, or to serve notice, because the tenant is pregnant, has recently given birth, or is planning to take maternity leave. This also includes indirect pressure or harassment relating to pregnancy.

• Eviction notices or hints to leave following news of pregnancy
• Differential treatment of pregnant tenants (e.g. rent rises, sudden inspections)
• Harassment or refusal to make reasonable adjustments for pregnancy-related needs

Legislation Protecting Renters in Scotland

Two main laws protect pregnant renters in Scotland:

• Equality Act 2010 (prohibits discrimination based on pregnancy or maternity)
• Private Housing (Tenancies) (Scotland) Act 2016 (sets out fair eviction rules for private renters)

For social tenants, similar protections exist under the Housing (Scotland) Act 1987.

When Is Eviction Legal in Scotland?

Landlords in Scotland must have a valid legal reason (ground) and follow strict procedures to end a tenancy. Common legal grounds include unpaid rent, antisocial behaviour, or the landlord needing the property for personal use—not pregnancy or maternity.

• Landlords cannot use pregnancy or upcoming parental leave as grounds for eviction
• All eviction notices must use the correct process and documentation

If you receive an eviction notice that you believe is linked to pregnancy, you may have a right to challenge it at the Housing and Property Chamber (First-tier Tribunal for Scotland).

Official Forms and How to Challenge Discrimination

You may need to use official forms to challenge an unlawful eviction or discrimination:

• Eviction Notice Form AT6: Used by landlords for assured tenancies. If you receive one, check the grounds listed. If pregnancy is given or implied as a reason, seek advice immediately.
  Example: If your landlord issues an AT6 form after learning about your pregnancy, you should respond and seek help. View the official AT6 form (Assured Tenancies).
• Notice to Leave: For Private Residential Tenancies (PRT). This notice must state clear legal reasons. If "pregnancy" or a related reason is given, it may be discriminatory.
  Practical tip: Always keep a copy of any notice. View the official Notice to Leave (PRT).

If the matter goes to a tribunal, you will receive a Notice of Referral from the First-tier Tribunal for Scotland Housing and Property Chamber (the specialist body dealing with tenancy disputes).

What Action Can You Take?

If you think a landlord is acting unlawfully you can:

• Challenge the notice directly with your landlord, stating that pregnancy is a protected characteristic
• Contact a local council or advice centre for support
• Apply to the First-tier Tribunal for Scotland to challenge an eviction or report discriminatory conduct
• Lodge a discrimination complaint with the Equality Advisory and Support Service (EASS)

Time limits may apply, so gather evidence (letters, texts, emails) and seek help quickly. Most eviction-related hearings in Scotland are managed through the First-tier Tribunal for Scotland (Housing and Property Chamber).

Frequently Asked Questions

1. Is it legal for my landlord to ask me to leave because I am pregnant?
   No. It is unlawful under the Equality Act 2010 and Scottish tenancy law for a landlord to evict you because of pregnancy or maternity.
2. What should I do if I receive an eviction notice after telling my landlord I am pregnant?
   Review the notice, record all communications, and seek advice from a local council, advice bureau, or the Housing and Property Chamber. Consider challenging the notice if you believe it is discriminatory.
3. Can my landlord raise my rent or change my tenancy because I am expecting a child?
   No. Any change based on your pregnancy could be unlawful discrimination. All renters should be treated fairly, regardless of pregnancy or parental status.
4. Who can help me if I feel discriminated against due to pregnancy?
   You can contact the Equality Advisory and Support Service, Citizens Advice Scotland, or your local council housing service for specialist support and guidance.
5. How do I make a formal complaint about discrimination?
   You can lodge a complaint with the Equality Advisory and Support Service, or challenge tenancy decisions at the Housing and Property Chamber (First-tier Tribunal for Scotland).

Conclusion: Protecting Your Rights as a Pregnant Renter

• Eviction or discrimination because of pregnancy is illegal in Scotland.
• If you receive an eviction notice that mentions or is timed around your pregnancy, seek help and document everything.
• Specialist support is available both locally and nationally if you need advice or wish to challenge a decision.

Knowing your rights helps protect you and your home during your pregnancy. If you are unsure, ask for advice early.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland Housing and Property Chamber – Official tenancy dispute resolution
• mygov.scot – Renting and tenant rights in Scotland
• Citizens Advice Scotland – Free legal and housing advice
• Equality Advisory and Support Service – Discrimination advice and support
• Scottish Government – Model Notices and Tenant Forms

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1. Equality Act 2010 – Discrimination Law
2. Private Housing (Tenancies) (Scotland) Act 2016
3. Housing (Scotland) Act 1987

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