Discrimination rules change on 1 May 2026

The UK Government has recently introduced new legislation, the Renters (Rights) Act, which includes provisions to make it illegal for landlords and letting agents to apply a blanket ban on renting to people who receive benefits or families with children.

Whilst other provisions in the Act only apply in England, the provisions on renting to those with children or on benefits will also apply in Scotland and Wales and will come into force in Scotland on 1 May 2026.
 
This legislation requires landlords and letting agents to ensure that families and those on benefits are not discriminated against when looking for a home to rent. Landlords and letting agents will still be able to refuse to rent to those with children or on benefits in some circumstances, like:

• if the property would be overcrowded or is genuinely not suitable for children e.g. it is a retirement or student accommodation, there are safeguarding concerns over shared facilities in the building or it is not safe for occupation by children.
• if the tenants’ income is insufficient to cover the rent (after accounting for other household expenditure). Landlords should set the same income requirement for all prospective tenants and treat all forms of income equally.

The legislation renders of no effect any term in an insurance policy (entered into or renewed on/after 1May 2026) or mortgage policy which prohibit or restrict the occupation of the dwelling by a child or which would prohibit occupation by a benefits claimant.

Offences under this legislation will be criminal offences in Scotland, subject to a level 3 fine on the standard scale (currently £1000). Convictions under this legislation will be considered to be relevant with respect to the ‘fit and proper person’ tests for landlord and letting agent registration.

The Scottish Government has published guidance on the new provisions which can be read here. These new provisions are in addition to existing discrimination provisions under the Equality Act 2010, which prohibit landlords and letting agents from treating tenants less favourably based on protected characteristics (disability, gender reassignment, race, religion or belief, sex, or sexual orientation). Age, marriage, and being in a civil partnership are also protected characteristics but are not included for discrimination in renting out a home