If you are a tenant in Scotland and feel a letting agent treated you differently because of your race, you have rights and routes to challenge that behaviour. This guide explains, in clear language, what racial profiling by letting agents looks like, how it links to tenancy and discrimination law in Scotland, and the practical steps tenants can take: gathering evidence, using official complaint channels, and applying to the tribunal if needed. It also lists the official forms and websites you will use and gives realistic examples of when to complain. The aim is to help renters understand options, deadlines and supports so they can act confidently and keep their home secure.
What is racial profiling by letting agents?
Racial profiling happens when a letting agent makes assumptions, treats you differently, or uses extra checks because of your race, ethnicity or perceived background. Examples include repeated extra identity checks, refusal to show properties, asking intrusive unrelated questions, or different treatment on deposit or guarantor requirements.
Your rights under Scottish law
Tenants in Scotland are protected by the Private Housing (Tenancies) (Scotland) Act 2016 and by UK discrimination law where applicable. The tenancy law sets out rights and responsibilities between tenants and landlords or agents and the tribunal that can resolve disputes is the First-tier Tribunal for Scotland (Housing and Property Chamber). [1] [3]
Key protections
Letting agents must follow the Letting Agent Code of Practice and must not treat prospective or current tenants less favourably for protected characteristics. If you believe an agent breached the code or discriminated, you can complain to the letting agent, the Letting Agent Register oversight, or apply to the tribunal for resolution.
What to do if you suspect profiling
Take calm, practical steps: document what happened, keep copies of messages and adverts, note dates, times and witnesses. Tell the agent in writing that you believe the behaviour is discriminatory and request an explanation. If the reply is unsatisfactory, escalate using the official complaint routes below.
Official forms and how to use them
Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)
Form name and number: Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) — use the tribunal's "Make an application" process and associated application form(s). When to use it: if the agent's conduct breaches the tenancy agreement, the Letting Agent Code, or you need a legally enforceable remedy (for example a binding order for compensation or other action). How to use it (tenant example): if a tenant was repeatedly refused viewings for a flat after providing IDs while other applicants were shown the property, they could complete the tribunal application, attach evidence (messages, dates, witness names) and submit as directed on the tribunal site. [3]
Complaints to the Letting Agent Register and Code of Practice
Form name and number: Letting Agent complaint / registration pages (use the Scottish Government Letting Agent resources and Code of Practice guidance). When to use it: to report breaches of the Letting Agent Code of Practice or to check whether a letting agent is correctly registered. How to use it (tenant example): if an agent applied extra, unexplained fees only to certain applicants, you can follow the complaint steps on the official letting agent pages and provide dated evidence and screenshots.
FAQ
- Can I make a complaint if a letting agent profiles me?
- Yes. Start by making a written complaint to the agent, keep all evidence, and if unsatisfied use the Letting Agent Register procedures or apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
- What evidence helps my case?
- Clear dated records: emails, texts, photos, listing screenshots, notes of conversations, witness names and any written policy the agent used.
- How long will a tribunal application take?
- Timings vary by case complexity and tribunal workload; prepare evidence early and check the tribunal's guidance for expected steps and possible hearings.
How-To
- Gather and organise evidence: save messages, take dated screenshots and list witnesses.
- Contact the letting agent in writing, explain the issue and request a written response within a reasonable time.
- Submit an official complaint to the Letting Agent Register or complete the tribunal application if you need a formal decision.
- Attend any tribunal hearing or provide further requested documents and follow tribunal directions until the case is decided.
Help and Support / Resources
- First-tier reference: Private Housing (Tenancies) (Scotland) Act 2016
- Scottish Government: Letting agents and the Letting Agent Code of Practice
- First-tier Tribunal for Scotland (Housing and Property Chamber) — Make an application
