How to deal with housing discrimination

It's unlawful for service providers to discriminate against you when looking for 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 have 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 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 insists on using one method for all communication, such as formal written letters, and will not agree to an alternative. This could indirectly discriminate against people with specific disabilities which make reading difficult.

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 you were 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.

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 having an induction loop in their offices

In some cases, they also have to make other 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.

Discrimination in private rented homes

If a private landlord or someone acting on their behalf treats you unfairly because you have children or because you get benefits, this is called rental discrimination. It is a criminal offence. 

Rental discrimination includes things like:

• trying to stop you from finding or viewing a property

• refusing to rent to you because you have children or children may visit you

• refusing to rent to you because you get benefits

If you have children or get benefits, they cannot make it harder for you to rent than it would be for someone who does not. For example, they cannot require a guarantor only for people on benefits. Any requirements must be applied equally to everyone.

Unfair terms in a tenancy or mortgage agreement

From 1 May 2026, terms in a tenancy or mortgage agreement are no longer valid if they discriminate against people who:

• get benefits

• have children who live with or visit them

These terms cannot be enforced.

Unfair terms in an insurance policy

If these terms are in a current insurance policy, they may still be enforceable. However, they are only valid until the current insurance policy ends or it reaches its renewal date. After that, they will not be enforceable.

When it is not rental discrimination

A landlord can only stop children from living in or visiting a property in limited cases. For example, they may not be allowed to live in retirement homes or student housing. This may not be rental discrimination. The court would decide whether it's reasonable to refuse permission for children to live there.

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

Some types of discrimination are never allowed.

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

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.

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. Include the name of the person you spoke to, and the date and time of the phone call.

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:

• Equality Advisory and Support Service, who are equality law and discrimination experts

• your local Citizens Advice Bureau

Step 4: if it's still not resolved

You may need to consider taking legal action.

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

You could:

• get free advice from the Equality Advisory and Support Service

• find a solicitor on the Law Society of Scotland

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