Rental discrimination: guidance for Scotland

Who the rules apply to

The rules apply to all landlords in Scotland who rent out private properties. This includes properties rented by the Crown Estate, but not the Parliamentary Estate or social housing.

Some people are not covered by these rules if they only:

• publish adverts or share information
• provide ways for landlords and tenants to communicate directly

This means property websites that only host adverts are not covered.

Which renters are protected

The rules protect both current tenants and people looking for homes from discrimination based on:

• having children
• receiving benefits

Children

'Children' means anyone under 18 who would visit or live at the property. Discrimination may also take more specific forms, such as by targeting children of certain ages or characteristics, or other specific subsets of children such as those in fostering arrangements.

Benefits

The law covers people who get payments from benefits including:

• Universal Credit
• Jobseeker's Allowance
• Employment and Support Allowance
• Income Support
• Housing Benefit
• State Pension or Pension Credit
• Council Tax Support
• Tax Credits
• Child Benefit
• Guardian's Allowance

You can find the legal definition of a “benefits claimant” in the Act.