The Private Housing Rent Control (Exempt Property) (Scotland) Regulations 2026 - equality impact assessment

Key Findings

The Housing (Scotland) Bill consultation, related to the use of powers to create rent control exemptions, was conducted between 23 April and 18 July 2025.

A total of 4,784 valid responses were received. Of these, 636 were standard, non-campaign responses submitted primarily through the Scottish Government’s Citizen Space portal and 4,148 were responses to a campaign organised by Living Rent – these campaign responses were all submitted through the Citizen Space portal, and all contained identical answers in response to closed questions and identical comments at open questions.^[1]

Evidence indicating that any protected characteristic group is over represented as MMR or BtR tenants would indicate a greater impact. However, there is little existing data in relation to the protected characteristics of MMR and BtR tenants in Scotland specifically. The consultation exercise allowed stakeholders, both landlords and tenants, the opportunity to directly comment on what the specific impacts of exempting MMR and BtR homes from rent control could be, and in some responses there were references to protected characteristics that can be given consideration.

As mentioned above, there is limited data available to give a clear equalities profile for affected tenants and demonstration of the impact of these regulations on those with protected characteristics. Available data and consultation responses will be presented below firstly for the PRS generally, for MMR properties and finally BtR.

PRS

Age: Just over half (52%) of those living in the private rented sector are under 35 years old (based on the highest income householder), 37% are between 35 to 59 years old and 11% are aged 60 or older.^[2]

The 2025 Voice of the Landlord Survey conducted by SafeDeposits Scotland found that 84% of responding PRS landlords in Scotland are over the age of 45, and a third are aged 65 or older. Nearly 2 in 5 are retired.^[3]

Disability:

According to the 2023 Scottish Surveys Core Questions, the proportion of adults in the private rented sector who have a limiting long-term physical or mental health condition was 22.7%,^[4] while Scottish Household Survey data shows 8% of private renters require adaptions their homes.^[5]

Sex:

According to the 2023 Scottish Surveys Core Questions (which brings together data from numerous national surveys for a more robust dataset) 51.6% of respondents living in the PRS nationally were women.^[6] A joint report in 2024 by Shelter Scotland and Engender found that women in the private rented sector spend an average of 55% of their income on rent, compared with 36% for men.^[7]

Gender Reassignment:

A 2024 survey by Scottish Trans reported that 32% of transgender and non-binary people are in private rented accommodation,^[8] compared with 13% of Scotland’s general population in 2022.^[9]

Sexual Orientation:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Race:

19% of all private renters are either Asian or Minority Ethnic, compared to 22% of social renters and only 2% of homeowners.^[10]

87% of PRS landlords responding to SafeDeposit Scotland’s Voice of the Landlord Survey are white, and only 5% identify as being from a minority ethnic background.

Religion or Belief:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

MMR

Age:

Several individual responses to the Housing (Scotland) Bill public consultation singled out ‘young people’ as being particularly dependent on affordable MMR and BtR housing, with concerns that exempting such housing from rent controls will lead to them being left vulnerable to inflation, leading to greater housing insecurity and poverty for young people in Scotland. This included responses from young professional MMR tenants who feared that an exemption would equate to unregulated or uncontrolled rent increases.

There is data to support that young people are over represented in MMR. According to analysis of Scottish Government data from 2020 to 2025, 46% of first named MMR tenants are aged 25-34, with the next largest group being 35-44 at 19%.^[11]

MMR tenants generally pay a lower rate than renting privately, but more than for local social housing and, while tenants may be concerned about an increase in their financial insecurity, MMR properties will only be exempt where rent increases are already regulated by means outwith rent control.

In contrast to the tenant view, the Scottish Federation of Housing Associations (SFHA) responded that an exemption for MMR would ensure the provision of specific housing for young professionals who cannot access social rentals under Affordable Housing Supply Programme regulations. Their view is that rent controls applied without exemption, on top of the existing measures protecting MMR tenants from high rent increases, would serve to harm tenants by limiting supply without providing any significant level of further protection from rental costs.

Disability:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Sex:

According to analysis of Scottish Government data from 2020 to 2025, 54% of first named MMR tenants are female.^[12]

Gender Reassignment:

Scottish Trans conducted a survey in 2024 which, while not mentioning MMR, on the issue of general affordability detailed that 30% of respondents (individuals, not households) spend over 40% of their income on accommodation,^[13] which would categorise them as overburdened by housing costs under Organisation for Economic Co-operation and Development standards.^[14] 47% were to some degree worried about being able to pay their next rent, and 25% have had to leave a property because they couldn’t pay – of these, 80% had had to leave a property provided in the PRS. Individual comments responding to the survey included that social housing should be expanded to enable trans and non-binary people to better avoid interactions with private landlords. MMR expansion, intended to be encouraged by the rent control exemption, could qualify here as potentially helping this group, however it was also noted that social housing providers do not offer inclusive or non-binary gender options on their forms at present.

Sexual Orientation:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Race:

According to analysis of Scottish Government data from 2020 to 2025, 59% describe themselves as White Scottish, and 10% Other White British. Other white ethnic groups accounted for 13%. Minority ethnic groups account for 15%. The remaining 3% preferred not to answer.^[15]

A consultation response from the Coalition for Racial Equality and Rights detailed the concern that exempting MMR ‘may also put Black and minority ethnic (BME) households in Scotland at disproportionate risk of poverty and homelessness due to housing costs.’ However, as detailed above, MMR tenants generally pay a lower rate than renting privately, but more than for local social housing and, while tenants may be concerned about an increase in their financial insecurity, MMR properties will only be exempt where rent increases are already regulated by means outwith rent control. The data supports that ethnic minorities are more likely to live in deprived areas and in poverty, and around 70% of MMR tenants in Scotland are from white backgrounds. This means a higher proportion of minority ethnic tenants than for the wider PRS.

Religion or Belief:

38% of Black and minority ethnic private renters felt they had been treated unfairly because of their ethnicity, race, colour or religion when seeking housing.^[16]

BtR

Age:

As with MMR above, several individual responses to the Housing (Scotland) Bill public consultation singled out ‘young people’ as being particularly dependent on affordable BtR housing, with concerns that exempting such housing from rent controls will lead to them being left vulnerable to inflation, leading to greater housing insecurity and poverty for young people in Scotland.

There is also data to support that young people are over represented in BtR. While there is not Scotland-specific data on BtR demographics, research from the British Property Federation found that 42% of those in the PRS are 25-34, with the number rising to 51% in BtR. The report also notes a growing trend of 35-44 year olds in BtR, especially outside London, as owning a home becomes less affordable and the PRS experiences an aging population. With rents uncapped, this is a possible issue that will continue to affect those in BtR currently unable to save for a deposit.

For the older population, Independent Age opposed any exemptions in their consultation response, supporting the view that protections should apply to all PRS tenancies. They also expressed concern that any exemptions could ‘cause confusion’ and ‘create the potential for exploitation’ where elderly renters are less certain of their rights – with the claim that currently only 3 in 10 older people feel fully informed of their rights as tenants. The organisation also highlighted that 156,000 pensioners in Scotland are currently in poverty, with a disproportionate number of older people in poverty being renters – 21% of older people rent but 45% of the pensioners who live in poverty are renters. As noted above, MMR properties will only be exempt where rent increases are already regulated by means outwith rent control, but for BtR, tenants will rely on existing rent adjudication by Rent Service Scotland as the mechanism currently in place to protect tenants from above-market increases. The issue about clarifying tenants’ rights is one the Scottish Government can act to mitigate, to ensure elderly tenants have clarity on the rights they have for their type of tenure.

Disability:

As with some elderly tenants, it was suggested in consultation responses that some disabled people may struggle to understand the rent control system when complicated by exemptions. The Scottish Government could continue to work with disability stakeholders to ensure that disabled tenants in BtR have clarity on the rights they have for their type of tenure.

Sex:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Gender Reassignment

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Sexual Orientation:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Race:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.

Religion or Belief:

No evidence sources were identified that provide robust estimates for this characteristic within the Scottish PRS.