Tenant Rights: Discrimination in Scottish HMOs

Living in a House in Multiple Occupation (HMO) in Scotland comes with important legal protections. Discrimination is illegal under Scottish law, including in HMOs, and renters have specific rights to fair treatment regardless of their background, disability, or other protected characteristics. This article explains how discrimination is defined, what your rights are as a tenant in Scotland, and practical steps you can take if you face unfair treatment.

What Counts as Discrimination in an HMO?

Discrimination happens when a landlord, letting agent, or another tenant treats you unfairly because of specific protected characteristics under the Equality Act 2010.^[1] These characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy or maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

In HMOs, discrimination can occur during the application process, with tenancy terms, property rules, or living conditions. For example, refusing accommodation to someone due to their race or not making reasonable adjustments for a disabled tenant both count as discrimination.

Your Rights as a Scottish HMO Tenant

Scottish HMO tenants have strong legal protection:

• Landlords must not discriminate against you when offering, managing, or ending your tenancy.
• You have the right to request reasonable adjustments if you have a disability.
• Harassment, including verbal or physical abuse related to a protected characteristic, is also unlawful.

Scottish HMOs are regulated under the Housing (Scotland) Act 2006^[2] and must meet national licensing standards.

What is a Reasonable Adjustment?

If you are disabled and need changes to help you live comfortably—such as ramps or visual alarms—you can request that your landlord makes a 'reasonable adjustment.' Landlords are generally required to cooperate, as outlined by the Equality Act 2010.

What to Do If You Experience Discrimination

If you believe you’ve been treated unfairly or harassed:

• Document the incidents, keeping notes, emails, and any evidence.
• Write to your landlord or letting agent, outlining your concerns and asking for a response.
• If unresolved, you can seek advice or complain to the appropriate authorities.

Official Forms and How to Use Them

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Form G
  When to use: If negotiations with your landlord fail, you can apply to the tribunal for an official review or remedy.
  Example: If you are evicted after asking for a disability adjustment, use Form G: General Application ^[3] to submit your case.
  Official Source: First-tier Tribunal for Scotland (Housing and Property Chamber)
• Reasonable Adjustment Request (No specific number)
  When to use: To formally request a reasonable adjustment, write a letter or use guidance from MyGov.Scot.
  Example: If you need a grab rail installed, a written request to your landlord referencing your rights under the Equality Act would be appropriate.

How the Tribunal Process Works in Scotland

Disputes involving discrimination or accessibility in HMOs can be taken to the First-tier Tribunal for Scotland (Housing and Property Chamber).^[4] This tribunal is responsible for residential tenancy disputes, including those involving discrimination.

FAQ: Discrimination and Tenant Rights in HMOs

1. What is an HMO in Scotland?
   An HMO (House in Multiple Occupation) is a property rented by three or more people from more than one household who share bathroom or kitchen facilities. HMOs are licensed and regulated by local councils.
2. Can a landlord refuse my tenancy application because I have a disability?
   No, it is unlawful for landlords to refuse you solely due to a disability. They must also consider reasonable adjustments to ensure your equal access to housing.
3. Is harassment by another tenant counted as discrimination?
   Yes, harassment related to a protected characteristic—such as race or religion—may qualify as discrimination. Report it to your landlord, and if not resolved, escalate the matter to the tribunal.
4. What if my landlord ignores my complaint about discrimination?
   You can apply to the First-tier Tribunal for Scotland using Form G to have your case reviewed. Keep copies of all correspondence and evidence.
5. Which legislation protects tenants from discrimination in Scotland?
   The Equality Act 2010 and Housing (Scotland) Act 2006 provide protections for tenants in Scotland.

Conclusion: Key Takeaways

• Discrimination in HMOs is illegal under the Equality Act 2010—every tenant has the right to fair treatment.
• If you experience unfair treatment, gather evidence and contact your landlord in writing.
• Independent bodies like the First-tier Tribunal for Scotland can resolve disputes and enforce your rights as a tenant.

Be proactive and know your rights for a safer, fairer rental experience.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — apply for dispute resolution and advice.
• MyGov.Scot: Discrimination and your rights — Scottish Government guidance on discrimination.
• Shelter Scotland: Discrimination advice — free support for tenants facing discrimination or accessibility issues.
• Scottish Government: Housing for Disabled People — information on housing rights and support.

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1. Equality Act 2010: Official legislation link
2. Housing (Scotland) Act 2006: Official legislation link
3. Form G: General Application – Download from the Housing and Property Chamber
4. First-tier Tribunal for Scotland (Housing and Property Chamber): Official website

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