Rental discrimination: guidance for Scotland

What this is

The Renters' Rights Act 2025 introduced new rules about rental discrimination in Scotland.

Rental discrimination in this context means treating people unfairly in private rented housing because they:

• have children
• receive benefits

When we say 'landlords' we mean landlords and anyone acting for them, like letting agents or family members.

This guidance applies to Scotland.

There is separate guidance for the application of the rental discrimination measures in England and Wales.

When the new rules start

The new rules apply to all private tenancy types from 1 May 2026. This includes:

• private residential tenancies
• older tenancy types like assured, protected or statutory tenancies

It doesn't matter if you signed your tenancy before or after this date.

What the new rules do

Once these rules are introduced, landlords, letting agents, or anyone acting for them must not treat people unfairly because they have children or receive benefits.

This includes stopping someone from asking about a property, getting information, viewing it, or renting it. Landlords also cannot use rules or practices that make it harder for people with children or who get benefits to rent than others.

These rules protect anyone under 18 who lives with or visits a tenant. They also protect anyone who receives welfare payments or reductions in council tax based on their income. The rules apply to people looking for a home as well as current tenants.

What landlords can still do

Landlords can check that tenants can afford the rent. This includes considering income from benefits. Landlords may ask for a guarantor or rent in advance, but these requirements must be applied equally to everyone.

Changes to mortgages and insurance

From 1 May 2026 any mortgage term that tries to stop tenants with children or who receive benefits is not valid.

Insurance contracts that discriminate are only valid if the policy existed before the new rules started. Once the insurance is renewed or a new contract is taken out, landlords cannot rely on it to refuse tenants.