Private residential tenancy model agreement: easy read notes

23. Rental discrimination

Under Chapter 5 of the Renters’ Rights Act 2025, the landlord (or letting agent) must not unlawfully discriminate against the tenant or prospective tenant on the basis that they have children or receive benefits. This includes:

• withholding information about the property
• refusing a viewing for the property or
• applying affordability checks that treat benefit income differently

The landlord may refuse the prospective tenant if they have children if it is a ‘proportionate way to achieve a legitimate aim’. For example, the property may be:

• retirement housing
• student accommodation with shared access or
• properties that are unsafe for children

The landlord should seek legal advice if considering applying a ‘legitimate aim’ to restrict a prospective tenant with children from letting the property.

There are no exceptions in relation to prospective tenants or sitting tenants who receive benefits.

The landlord can check to see if a prospective tenant can afford the rent and it is not rental discrimination if a prospective tenant does not meet the income requirements, provided the same income requirements apply to all prospective tenants.

If a prospective tenant/tenant thinks they have been unfairly treated due to having children or due to receiving benefits then they can report the matter to Police Scotland via 101 or the Police Scotland website.

The landlord must comply with the requirements of the Data Protection Laws to ensure that the tenant's personal data is held securely and only disclosed where there is a lawful basis for doing so.