Tenant Rights in Scotland: Protection from Discrimination

If you rent a home in Scotland, you’re protected by law from discrimination by your landlord or letting agent. Understanding these rights is crucial to ensuring you are treated fairly, whether you’re renewing a lease, dealing with repairs, or facing eviction. This guide explains what tenant discrimination means in Scotland, the laws that protect you, and what steps you can take if you believe you’ve been treated unfairly.

What is Tenant Discrimination?

Discrimination in housing means being treated less favourably than others because of who you are. In Scotland, The Equality Act 2010 makes it illegal for landlords or letting agents to discriminate against tenants or applicants based on protected characteristics such as:

• Disability
• Race or ethnicity
• Sex or gender
• Religion or belief
• Sexual orientation
• Pregnancy or parental status
• Gender reassignment
• Marital or civil partnership status
• Age (in some circumstances)

This applies both when you apply for a tenancy and during your time living in the rented property. Discrimination can be obvious or subtle and does not need to be intentional.

Examples of Discrimination in Renting

• Refusing to rent to someone because of their ethnicity or nationality.
• Charging a higher deposit because you have a child.
• Evicting a tenant after learning they have a disability.
• Denying reasonable adjustments (like installing a ramp for a wheelchair user).

Your Legal Protections as a Renter

Your rights are protected under:

• The Equality Act 2010
• Private Housing (Tenancies) (Scotland) Act 2016

This means that most private renters have the right to challenge discrimination via the official tribunal system. The First-tier Tribunal for Scotland (Housing and Property Chamber) manages disputes between tenants and landlords, including claims related to discrimination or unfair treatment.

How to Take Action If You Face Discrimination

If you believe you have been discriminated against, act promptly. Here are key steps you can follow:

1. Document What Happened

• Write down what occurred, including dates, times, and names of individuals involved.
• Keep copies of letters, emails, or messages that demonstrate unfair treatment.

2. Raise the Issue With Your Landlord or Agent

• Contact your landlord or letting agent in writing to explain the issue and ask for a resolution.
• If you need help with communication or language, organisations like Citizens Advice Scotland can assist.

3. Make a Formal Complaint or Apply to the Tribunal

• If the issue is not resolved, you can apply to the Housing and Property Chamber.

The specific form for general applications to the tribunal is:

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) (Form G: General Application)
• When to use: Use Form G if you've faced discrimination or any other dispute not covered by more specific forms.
• Example: If your landlord refuses to make reasonable adjustments for a disability, you can use this form to bring your case to the Tribunal.
• Download Form G: General Application (Official PDF)

Harassment and Accessibility: Your Rights

Harassment by a landlord or others acting on their behalf is illegal. This can include threatening behaviour, intruding on your home, or making it difficult for you to live comfortably. If you have a disability, landlords must also make ‘reasonable adjustments’ to ensure your home is accessible. For more details, see the Scottish Government’s disability and housing guidance.

What is a Reasonable Adjustment?

• Installing ramps or handrails for mobility aid users
• Allowing assistance dogs
• Permitting minor adaptations such as bathroom grab bars

Landlords must consider reasonable requests unless the change would fundamentally alter the property or cause real hardship to them.

Tenants have the right to equal treatment and respect, whatever their background or needs. Official bodies and tribunals will take your complaint seriously.

FAQ: Tenant Discrimination in Scotland

1. What should I do if I think I’ve been discriminated against by my landlord?
   If you suspect discrimination, keep detailed records, communicate in writing, and seek advice from resources like Citizens Advice Scotland before considering a formal tribunal application.
2. Is it legal for a landlord to refuse to rent to me because of my nationality?
   No. The Equality Act 2010 makes it illegal to refuse a tenancy based on nationality, race, or ethnicity.
3. How do I apply to the First-tier Tribunal for Scotland?
   Complete the Form G: General Application and submit it to the Housing and Property Chamber, attaching supporting documents about your case.
4. Does my landlord have to make changes for my disability?
   Yes, your landlord must consider reasonable adjustments for disabilities, as set out in The Equality Act 2010. Always request these adjustments in writing.
5. What laws protect me from harassment as a tenant in Scotland?
   You are protected by The Equality Act 2010 and the Private Housing (Tenancies) (Scotland) Act 2016 from harassment and unfair treatment related to protected characteristics.

Conclusion: Key Takeaways for Scottish Renters

• Scottish renters are protected by law from discrimination and harassment based on protected characteristics.
• If you experience discrimination, keep records, communicate concerns in writing, and know you can apply to the Housing and Property Chamber using official forms.
• Support and advice are available from government and charity services to help you uphold your rights.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for disputes and applications
• Scottish Government: Housing Policy
• Citizens Advice Scotland – free advice and support
• Shelter Scotland – housing and legal advice
• UK Government: Discrimination and your rights

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1. The Equality Act 2010
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government: Disability and Housing Guidance

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