If a landlord will not rent to you because you get benefits or have children

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

A private landlord or letting agent cannot stop you renting a home because you get benefits or have children. This is called ‘rental discrimination’. Rental discrimination is a criminal offence in Scotland.

Rental discrimination includes:

  • not sharing information about available properties

  • stopping you from viewing a property

  • refusing to give you a tenancy.

If you’re a current tenant, your landlord cannot end your tenancy because you get benefits. They cannot ban children from living in or visiting your home.

'Children' means anyone under 18 who lives in or visits the property.

The rules apply to all landlords in Scotland who rent out private properties. Landlords include anyone acting for them, like letting agents or family members.

Check if the rental discrimination rules apply to you

The rules apply to all private tenancy types. This includes:

  • private residential tenancies

  • older tenancy types like assured, protected or statutory tenancies.

The rules apply to you if you’re a current tenant or if you’re looking for a home to rent.

The rules apply from 1 May 2026, even if you signed your tenancy agreement before this date.

What does not count as rental discrimination

A landlord can refuse to rent to someone with children if they have:

  • an insurance contract that stops children living in the property and it was signed before 1 May 2026

  • a good reason.

A good reason could be:

  • the property is a retirement home or student housing

  • the property is unsafe for children because of how it’s built

  • to meet licensing conditions or other legal requirements.

A landlord can consider your income when deciding if you can afford the rent. It's not discrimination if a landlord does not rent to you because you do not meet income requirement, even if you have children or get benefits.

Landlords should set the same financial requirements for everyone and consider all forms of income, including benefits.

Landlords can:

  • ask for up to 6 months' rent in advance after the tenancy agreement is signed

  • ask for a guarantor to make sure rent gets paid.

What you can do if a landlord discriminated against you

If you’ve been refused a property because you get benefits or because you have children, you should first contact the landlord or letting agent. You could ask them to:

  • do an affordability check if they haven’t already

  • accept extra references - you could ask more than 1 of your previous landlords to give you a reference that says your rent was always paid on time

  • let you use a guarantor - this is someone who agrees to pay the rent if you don’t.

Report a landlord to the police

Rental discrimination is a criminal offence. If the landlord is convicted, they could be fined up to £1,000.

To report the landlord, you should contact Police Scotland by calling 101. You can also contact Police Scotland on their website.

Tell them you’re reporting a potential criminal offence under Chapter 5 of the Renters’ Rights Act 2025. It’s helpful to have evidence. For example:

  • the name and contact details of the landlord or agent

  • a copy of the property advert

  • emails, texts or WhatsApp messages between you and the landlord or agent.

If you do not want to contact the police first, you can get advice, for example at a Citizens Advice Bureau. Find out how to contact your local Citizens Advice Bureau.

Check if you’ve experienced discrimination under the Equality Act 2010

If you’ve been treated unfairly or harassed by a landlord or letting agent, it might also be discrimination under the Equality Act 2010. If it is, you might be able to get compensation.

If you challenge your landlord under the Equality Act, you’ll need to do it separately from reporting to the police. You’ll need to check if it was because of a characteristic that’s protected by the Equality Act - these are things like age, disability or race.

Check if your housing problem is discrimination.

If you need to find somewhere to live

Check our advice on finding a home to rent.