SFHA received the following information from the Scottish Government Better Homes Division about upcoming legislation within the UK Government’s Renters’ Rights Act 2025 which will apply to Scotland. The legislation introduces new rules in the PRS (in Scotland, Wales, and England) to prevent unfair rental discrimination in the private sector against people because they have children or receive benefits.
SFHA doesn’t anticipate compliance with the new legislation will require changes from our members.
The UK Government’s Renters’ Rights Act 2025 passed last year and introduced private rented sector changes in England, including most prominently the abolition of no-fault evictions, the introduction of Awaab’s Law to the PRS, and ending fixed term rental contracts. However, there are also some specific measures which will apply to Scotland. From May 1 2026, the following measures apply to the private rented sector in Scotland (this will cover all landlords in Scotland who rent out private properties on PRTs, including MMR properties in our sector):
- It will be a criminal offence in Scotland for landlords, and those acting on their behalf, to discriminate against those in receipt of benefits
- It will be a criminal offence in Scotland for landlords, and those acting on their behalf, to discriminate against those who have, or are likely to have, children staying with them.
The Scottish Government has published guidance to this legislation here: https://www.gov.scot/publications/rental-discrimination-guidance-for-scotland/. Key information is outlined below.
Who do the rules apply to? The rules apply to all landlords in Scotland who rent out private properties, including landlords and anyone acting for them e.g., letting agents. This does not include social housing.
Some people are not covered by these rules if they only:
- publish adverts or share information
- provide ways for landlords and tenants to communicate directly
Which renters are protected? The rules protect both current tenants and people looking for homes from discrimination based on:
- having children
- receiving benefits
Landlords can continue to consider income when deciding if someone can afford the rent. The guidance clearly states it's not discrimination if someone doesn't meet income requirements, whether they have children or receive benefits. There is also information in the guidance about acceptable restrictions on children living in a property if the landlord can show the restriction is a 'proportionate means of achieving a legitimate aim,' such as some specialist housing or unsuitable properties.
The legal definition of a “benefits claimant” is listed in the Act, but includes people who get payments from benefits including:
- Universal Credit
- Jobseeker's Allowance
- Employment and Support Allowance
- Income Support
- Housing Benefit
- State Pension or Pension Credit
- Council Tax Support
- Tax Credits
- Child Benefit
- Guardian's Allowance
Please contact Annabel Pidgeon, Policy Lead for questions or to discuss/provide comments: apidgeon@sfha.co.uk
