Your Disability Rights as a Tenant in Scotland

Living with a disability should never limit your right to feel secure, comfortable, and supported in your Scottish rental home. The law offers strong protections for disabled renters, including the right to request adjustments for accessibility and to challenge discrimination. Understanding your rights can help you take positive action if you encounter difficulties with your landlord or letting agent.

Key Rights for Renters with Disabilities in Scotland

If you rent a property in Scotland and have a physical or mental impairment, you are protected under both Scottish housing law and the Equality Act 2010. Here's what these rights mean for you:

• Protection against discrimination – Landlords cannot treat you unfairly because of your disability. This includes decisions about letting, renewing, or ending a tenancy.
• Right to request reasonable adjustments – You have the legal right to ask for changes to your home or tenancy policies to make living there easier. For example, installing handrails or allowing an assistance dog.
• Support for accessible housing – Councils may help you apply for adaptations or accessible accommodation if your current home is not suitable.

What is a Reasonable Adjustment?

A ‘reasonable adjustment’ is a change your landlord can make to your home or how they manage your tenancy to help overcome barriers caused by your disability. The law requires landlords to consider these requests and not to unreasonably refuse them.

Examples include:

• Fitting ramps or widening doorways
• Changing tenancy rules (e.g., keeping an assistance animal)
• Allowing the installation of special equipment

Local councils may provide grants for these works. Your council's guidance on adapting your home has more details.

Anti-Discrimination Protection

Under the Equality Act 2010, it's unlawful for landlords to harass, victimise or evict you because of your disability. These protections apply whether you are looking for a new home or already renting.

Official Forms and How to Take Action

If you need changes made to your home, you should make your request in writing to your landlord, explaining what adjustments you need and why. If your landlord refuses or you disagree on what's ‘reasonable’, you can apply to the tribunal.

• Form: Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Use the Application Form for Civil Proceedings to ask the tribunal to decide on reasonable adjustments or discrimination issues.
• Example: If your landlord refuses to allow a mobility aid installation, you can fill in this form, describe your situation, and submit it with supporting evidence.

For adaptations, you may also need to contact your local council for a Disabled Facilities Grant or apply through Home Adaptations in Scotland.

Who Handles Tenancy Disputes?

In Scotland, residential tenancy disputes are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). This tribunal helps resolve disagreements between tenants and landlords for issues including discrimination and reasonable adjustments.

Relevant Legislation

• The Equality Act 2010 sets out anti-discrimination rights for disabled people.
• The Private Housing (Tenancies) (Scotland) Act 2016 governs most private tenancies in Scotland.

Both pieces of legislation protect your right to enjoy your home without unfair treatment.

FAQ: Tenants' Disability Rights in Scotland

1. What counts as a disability under Scottish tenancy law?
   A disability includes any physical or mental impairment that substantially affects daily life. This follows the definition in the Equality Act 2010.
2. Can my landlord charge me for making reasonable adjustments?
   Your landlord should not charge you for reasonable adjustments, but you may need to apply for funding through your council for larger adaptations.
3. What if my landlord refuses reasonable adjustments?
   If your landlord refuses, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to resolve the dispute.
4. Am I allowed to keep an assistance dog or support animal?
   You can request to keep an assistance animal as a reasonable adjustment. Landlords should not unreasonably refuse this request.
5. Can I be evicted for asking for adjustments?
   It is unlawful for a landlord to evict you solely because you requested reasonable adjustments related to your disability.

Conclusion: What to Remember

• Disabled tenants in Scotland have strong legal protections against discrimination and unfair treatment.
• You can request reasonable adjustments to your property or tenancy – and challenge refusals.
• Specialist support and official forms are available if you need to take formal action.

Understanding your rights is the first step toward enjoying a safe, accessible, and inclusive home environment.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for disputes about discrimination or reasonable adjustments.
• Scottish Government: Accessible Housing Guidance – information on council help and applying for adaptations.
• mygov.scot: Adapt your home – apply for adaptations or equipment due to disability.
• Equality Advisory Support Service (EASS) – advice on your legal rights as a disabled renter.

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1. Equality Act 2010 – legal definition of disability and anti-discrimination rules.
2. Private Housing (Tenancies) (Scotland) Act 2016 – private tenancy legislation in Scotland.
3. First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy legal disputes.
4. mygov.scot: Adapt your home – council adaptations and support for disabled tenants.
5. Equality Advisory Support Service (EASS) – tenant legal support.

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