Rental discrimination if you have children or get benefits
A landlord or letting agent must not treat you unfairly because you have children or get benefits. This includes anyone acting for them.
This is rental discrimination. It’s a criminal offence in Scotland.
If they are convicted, they may be fined up to £1,000.
Examples of rental discrimination
Rental discrimination includes if a landlord or letting agent does any of the following because you have children or get benefits:
- refuses to give you information about a property
- stops you from viewing a property
- refuses to rent to you
It also includes when a property is advertised as ‘no DSS’ or ‘no children’.
Who the rules apply to
These rules apply to all private tenants in Scotland who have:
- a private residential tenancy
- an assured or short assured tenancy
- a regulated tenancy
If you’re not sure, check what type of tenancy you have.
The rules also protect anyone under 18 who lives with you or visits you.
It does not matter when you signed the tenancy agreement. They apply whether you are looking for a home or you already rent one.
Affordability checks
Landlords can check whether you can afford the rent. They can:
- look at your total income, including benefits
- ask for a guarantor, someone who is legally responsible for rent or unpaid bills if you cannot pay
- ask for rent in advance of up to 6 months, but only at the start of the rental period
They must apply the same financial requirements to everyone.
It is not rental discrimination if you do not meet income requirements that apply to all tenants.
Mortgage and insurance terms
Landlords 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These are no longer valid and the law overrides them.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 a landlord insurance contract was taken out before 1 May 2026. Landlords can still use these until their insurance runs out. Any new contract with terms that discriminate against people with children or who get benefits will not apply.
When landlords can stop children living in a property
In rare cases a landlord can stop children from living in a property. This is only if they can show it is a ‘proportionate way to achieve a legitimate aim’.
Examples include:
- retirement housing
- student accommodation
- properties that are unsafe for children
There are no exceptions that allow discrimination against people who get benefits.
If you experience discrimination
If you think a landlord or letting agent has discriminated against you, contact Police Scotland. Call 101 or use the contact form on the Police Scotland website.
Keep a record of:
- emails, texts or voicemails
- adverts or messages that show discrimination
- dates of conversations or events
You can use the following wording when you report it to the police:
Chapter 5 of the Renters’ Rights Act 2025 makes it a criminal offence to discriminate against a potential tenant because they have children or get benefits.
Getting legal advice
You can get free independent advice from:
You can also get legal advice from a solicitor. If you’re on a low income you may qualify for legal aid.
Being evicted and rental discrimination
There are rules your landlord must follow if they want to end your tenancy. This includes the reasons they can use, which are called eviction grounds.
You cannot be evicted because you get benefits or have children.
Other types of discrimination
If you’ve been treated unfairly or harassed by a landlord or letting agent, it might be discrimination under the Equality Act 2010.
This covers protected characteristics such as age, disability or race.
Check information on housing discrimination on Citizens Advice Scotland.