Renters' Rights Act 2025: What Scotland’s new rental discrimination rules mean for private landlords, letting agents, and tenants
New rules under the Renters’ Rights Act 2025 came into effect on 1 May 2026 and now apply across Scotland’s private rented sector, aiming to prevent unfair treatment of people because they have children or receive benefits. For landlords, letting agents and tenants, this is more than just a technical legal change.
It affects how properties are advertised, how enquiries are handled, how affordability is assessed and how existing tenants are treated.
The Scottish Government’s guidance is clear. Landlords and anyone acting for them must not treat someone unfairly because they have children or receive benefits. That includes blocking enquiries, refusing viewings, discouraging applications or using rules that make it harder for those households to rent. The protection applies not only to people looking for a home, but also to current tenants.
This matters because rental discrimination is not always obvious. It can appear in a property advert, in the way a call is handled, or in a rule that looks neutral but disadvantages one group more than another. The new measures are designed to address both direct refusal and these quieter barriers.
The rules cover children under 18 who live with or visit a tenant, which reflects the reality of modern family life. They also protect people who receive welfare payments or income-related council tax reductions.
Importantly, the guidance says landlords can still carry out affordability checks and that this includes income from benefits. In other words, landlords can still assess whether the rent is affordable, but they cannot dismiss applicants simply because some or all of their income comes from benefits.
Landlords may still ask for a guarantor or rent in advance, but those requirements must be applied fairly and consistently.
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They cannot be used as selective hurdles for applicants with children or those receiving benefits. The safest approach is to use clear written criteria, apply them to all applicants, and record decisions properly.
The rules also apply across all private tenancy types, including private residential tenancies and older tenancy types such as assured, protected and statutory tenancies.
It does not matter whether a tenancy was signed before or after 1 May 2026. Existing tenants are covered too, so landlords and agents should review not only application processes but also ongoing tenancy management.
One of the most important practical changes is that the guidance also affects mortgages and insurance. Now, any mortgage term that tries to stop tenants with children or tenants receiving benefits is not valid.
Insurance policies are treated slightly differently, but once an older discriminatory policy is renewed, or a new one is taken out, landlords can no longer rely on it to refuse those tenants.
For mydeposits members, now is the time to act. Review property adverts, application forms, affordability checks, guarantor policies and staff training.
Check that benefit income is included in affordability assessments and that instructions from landlords do not create unlawful barriers.
The key test is simple: would this applicant be treated the same way if they did not have children and were not receiving benefits?
These changes do not remove a landlord’s right to assess affordability or manage risk. They do mean those decisions must be based on evidence rather than assumption. For landlords and agents, that means a more consistent and defensible process. For tenants, it should mean fairer access to housing across the Scottish private rented sector.
Action | Allowed? | What matters |
|---|---|---|
Assess affordability | Yes | Must consider all relevant income, including benefits |
Ask for a guarantor | Yes | Must be applied fairly and not only to people with children or benefits |
Request rent in advance | Yes | Must be used consistently and without discrimination |
Refuse because an applicant has children | No | Blanket exclusions are not allowed |
Refuse because an applicant receives benefits | No | Benefit status alone cannot justify unfair treatment |
FAQs
When do the new rental discrimination rules start in Scotland?
The new rules started on 1 May 2026 and now apply across private tenancy types in Scotland, including private residential tenancies and older tenancy types such as assured, protected, and statutory tenancies. Now the act has came into effect, the rules apply to letting decisions and tenancy management, regardless of when a tenancy was originally signed. That means landlords and letting agents should be reviewing their practices well before the date arrives. The guidance makes clear that waiting until the last minute would leave a real compliance gap.
Does the law only protect new applicants, or does it also protect current tenants?
It protects both. The guidance says the rules apply to people looking for a home as well as current tenants. So the protection is not limited to adverts, enquiries, or viewings. It also matters after move-in. A landlord or agent should not treat an existing tenant unfairly because they have children or because they receive benefits. That is especially important because household circumstances can change during a tenancy, and the law recognises that renting is not a static arrangement.
Can landlords still check whether a tenant can afford the rent?
Yes. The guidance clearly says landlords can check that tenants can afford the rent, and that this includes considering income from benefits. That means affordability checks remain lawful, but they must be carried out fairly and consistently. The key change is that benefit income should not be ignored or treated as automatically invalid. A proper affordability assessment should look at the tenant’s real financial position rather than relying on assumptions about how the income is received.
Can a landlord still ask for a guarantor or rent in advance?
Yes, but only if those requirements are applied equally to everyone. The guidance allows landlords to ask for a guarantor or rent in advance, but it does not allow those tools to be used as selective barriers against people who have children or receive benefits. In practice, that means landlords and agents should use written criteria and apply them consistently. If one household is asked for extra security, the same rule should be capable of applying to another household in the same circumstances.
What happens if a landlord says their mortgage or insurance does not allow tenants with children or tenants on benefits?
The guidance says any mortgage term that tries to stop tenants with children or who receive benefits is not valid. Insurance is slightly different: a discriminatory insurance contract is only valid if it already existed before the rules start. Once that policy is renewed or a new policy is taken out, landlords cannot rely on it to refuse those tenants. That means mortgage and insurance wording should be reviewed early, because these background documents will no longer provide the same excuse for exclusion that they may once have offered.