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Scotland

How to deal with housing discrimination

It's unlawful for service providers to discriminate against you when finding a home or accessing housing. A service provider could be:

  • a landlord or letting agency

  • a council or housing association

  • an estate agency or mortgage lender

If you've been discriminated against, there are steps you can take and organisations that can help.

Identifying discrimination

Discrimination is when someone treats you differently because of your characteristics.

Some characteristics are protected by law, which means it's unlawful to discriminate against someone based on them. These protected characteristics are:

  • age

  • sex

  • disability

  • pregnancy or maternity

  • religion or beliefs

  • sexual orientation

  • marriage or civil partnership status

  • gender reassignment (being trans: transsexual or transgender)

  • race (including if you’re in the Gypsy or Traveller community)

You can also experience discrimination based on:

  • someone else’s protected characteristic

  • someone thinking you’ve got a protected characteristic, but you do not

Public authorities like councils and some housing associations have responsibilities to stop discrimination and promote equality.

For more information about protected characteristics and discrimination, check the Equality and Human Rights Commission website.

Types of discrimination

Direct discrimination

Direct discrimination happens when you're treated worse than others because of your protected characteristic.

For example, if a landlord refuses your housing application because they have a personal prejudice against your religion.

Indirect discrimination

Indirect discrimination happens when a service provider has a rule or policy that discriminates against a certain group.

For example, if a landlord or letting agent refuses to rent to people who are on benefits. Women and disabled people are more likely to be on housing-related benefits, so this is indirect sex and disability discrimination.

Victimisation

Victimisation happens when you're treated badly or punished for having complained, or helped someone complain, about discrimination.

For example, if your housing association starts to treat you badly after standing as a witness in your neighbour's racial discrimination case against a housing officer.

Harassment

Harassment happens if you're verbally abused, attacked or made to feel uncomfortable because of a protected characteristic.

For example, if you overheard council staff referring to you with a derogatory transphobic slur when you applied for a council house. Even if you're not trans, this is harassment.

Identifying hate crimes

Hate crimes are criminal offences that are motivated by hostility towards certain protected characteristics. These protected characteristics are:

  • age

  • disability

  • race

  • religion

  • sexual orientation

  • transgender identity

  • variations in sex characteristics

For example, if someone spray painted your door with an Islamophobic message. This is vandalism that was motivated by hostility towards a religion, so it's a hate crime.

Check Citizens Advice guidance on hate crimes.

Disability discrimination

As well as the other types of discrimination, disabled people can experience discrimination if services or premises are not accessible.

Service providers have responsibilities for making accessibility adjustments. There are specific rules for different providers.

All service providers must:

  • change policies, practices or procedures that make it unreasonably difficult for you to use their service

  • provide help so that you can use their service, such as an interpreter for a meeting

In some cases, they also have to make reasonable adjustments to their services or premises. For example:

  • adding an accessible toilet

  • providing written information in alternative formats, like Braille or large print

Check our advice on your rights if you're disabled and rent your home.

When discrimination is allowed

Discrimination can sometimes be legal, including if it's:

  • a proportionate way to resolve another injustice

  • in the interest of health and safety

  • the only way that service can be provided

If you need help working out if the discrimination you've experienced is unlawful, contact the Equality Advisory and Support Service.

Challenging housing discrimination

If you've experienced housing discrimination, you can challenge it.

We have specific advice for challenging benefit discrimination.

For any other type of housing discrimination, follow these steps.

Step 1: collect evidence

Gather as much evidence of the discrimination as you can. This could be:

  • detailed notes on when, where and how the discrimination took place

  • copies of discriminatory policies or documents

  • letters, emails and texts between you and the service provider

  • witness statements from people who were with you

If someone says something discriminatory on the phone, follow it up. Write an email or letter confirming what they said.

If you send letters, send them by recorded delivery so you have proof of delivery.

This evidence will be useful if you make a complaint or take legal action.

Step 2: send a complaint in writing

Write to the service provider to try to resolve the issue.

Make sure to include evidence and say what you want them to do. You could ask for:

  • an apology

  • compensation

  • a policy to be changed

  • access to the service you were denied

Step 3: get advice

If complaining has not helped or you need support to complain, get advice from a specialist service.

You could contact:

Step 4: if it's still not resolved

You may need to consider taking legal action.

There are deadlines for applying for court action, starting from the date you were discriminated against. Get legal advice as soon as possible.

You could:

You may be eligible for free legal advice or legal aid to help with the costs of legal action.

Last updated: 2 September 2024

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England