Reporting Disability Discrimination as a Renter in Scotland

If you're renting in Scotland and experiencing disability discrimination, it's important to know your rights and understand how to take effective action. Discrimination can impact your wellbeing, access to your home, and overall peace of mind. Scottish law offers protections—and there are clear steps you can take to report disability discrimination and seek a resolution.

Understanding Disability Discrimination in Renting

Disability discrimination in renting occurs when a landlord, letting agent, or property manager treats you unfairly because of your disability. This can include refusing reasonable adjustments (such as allowing assistive devices), harassment, unfair eviction, or denying services.

• Direct discrimination: Treating you less favourably due to your disability.
• Indirect discrimination: Policies that disadvantage disabled people more than others without a good reason.
• Failure to make reasonable adjustments: Not making necessary changes to prevent disadvantage.

These protections apply under the Equality Act 2010 (Part 4 – Premises), which covers tenancies in Scotland.^[1]

Steps to Report Disability Discrimination

If you believe you are facing discrimination, follow these steps:

1. Gather Evidence

• Keep records of communications with your landlord or letting agent.
• Save any emails, letters, or written notes about the issue.
• Note dates, times, and details of incidents.

2. Raise the Issue with Your Landlord or Letting Agent

Many disputes can be resolved directly. Clearly explain:

• The behaviour or policy you believe is discriminatory
• How it affects you
• What reasonable solution or adjustment you are seeking

If your landlord does not resolve things, or if you do not receive a suitable response, you have further options.

3. Make a Formal Complaint

• Submit a written complaint to your landlord or letting agent following their formal complaints process (ask for a copy if needed).
• If the property is managed by an agency registered with a redress scheme (e.g., the Scottish Letting Agent Register), you may lodge a complaint there as well.

4. Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)

If the complaint is unresolved, you can apply to the official tribunal handling rental disputes in Scotland: the First-tier Tribunal for Scotland (Housing and Property Chamber).^[2] This independent tribunal considers discrimination claims under tenancy law.

Official form: General Application Form (EV Others) [No official number]

• When to use: If you need the tribunal to decide on a discrimination complaint under your tenancy.
• How to use it: Fill out the form with your details, the respondent’s details, tenancy type, and a full description of how you believe you have been discriminated against. Attach copies of correspondence and relevant evidence.
• Submission: Submit the form to the Housing and Property Chamber as directed on the form, usually by email or post.

For disputes about an agency failing to follow the Letting Agent Code of Practice, you can also use the Letting Agent Code of Practice Application Form.

5. Seek Further Advice or Conciliation

• Contact the Equality Advisory and Support Service (EASS) for expert guidance.
• You may also contact your local council’s housing department, or specialist advice agencies.

If you have experienced discrimination, acting quickly increases your chances of a positive outcome. Keep everything documented and seek advice if you’re unsure about any step.

Your Legal Rights at a Glance

• The Equality Act 2010 protects renters from discrimination in housing.
• Your landlord is required to consider reasonable adjustments for disabled tenants.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) handles rented property disputes, including discrimination cases.
• Tenancy rights and processes are also informed by the Private Housing (Tenancies) (Scotland) Act 2016 for most modern tenancies.^[3]

1. What counts as disability discrimination by a landlord?
   Disability discrimination includes being treated unfairly or harassed, being refused adjustments you need, or being disadvantaged by policies without good reason—because of your disability.
2. Which tribunal handles renter discrimination cases in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) handles disputes about residential property, including discrimination.
3. What official forms do I need to report discrimination?
   You should use the General Application Form (EV Others) for most disputes, available direct from the Housing and Property Chamber’s website.
4. Can I get free advice or support?
   Yes. You can contact the Equality Advisory and Support Service (EASS), Shelter Scotland, Citizens Advice Scotland, or your local council housing team for guidance.
5. Do time limits apply to discrimination claims?
   Yes, claims to the tribunal under the Equality Act must normally be made within 6 months of the discrimination. It’s best to act as soon as possible.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): For official forms, processes, and guidance
• Equality Advisory and Support Service (EASS): Confidential discrimination advice
• Shelter Scotland: Housing rights help for renters
• Citizens Advice Scotland: Free, independent tenant advice
• Scottish Letting Agent Register: Check agency regulation and complaint options

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1. Equality Act 2010: Premises (Part 4)
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Private Housing (Tenancies) (Scotland) Act 2016

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