Rental discrimination when you set up a private tenancy

Rental discrimination is a criminal offence in Scotland.

If you are convicted, you may be fined up to £1,000.

Your registration as a landlord or letting agent may also be affected.

What counts as rental discrimination

You must not:

• refuse to rent to someone because they have children or get benefits
• use rules or practices that make it harder for those people to get a tenancy
• use mortgage terms or some insurance contracts that restrict tenants with children or who get benefits

You may be committing an offence if you:

• withhold information about a property
• refuse a viewing
• apply affordability checks that treat benefit income differently

Mortgage terms and insurance contracts

You cannot use mortgage terms or insurance contracts as a reason not to rent to people with children or who get benefits.

These are no longer valid and the law overrides them.

The only exception is if your insurance contract was taken out before 1 May 2026. You can still use this until your insurance runs out. Any new contract with terms that discriminate against people with children or who get benefits will not apply.

When you can stop children living in a property

You can only stop children living in a property if it is a ‘proportionate way to achieve a legitimate aim’.

For example, if you offer:

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

You may want to get legal advice from a solicitor if you think this applies to your situation.

There are no lawful exceptions for discriminating against people who get benefits.

How discrimination affects registration

If you break rental discrimination law it may affect:

• your existing registration
• applications to renew your registration
• any future registration applications

The council or letting agent register team will consider this when deciding if you are ‘fit and proper’ to be a landlord or letting agent.