Housing issues for LGBTQ+ people

It is unlawful for local authorities to discriminate against LGBTQ+ people when carrying out their homelessness duties, including when:

• making decisions about a homeless application

• providing advice and assistance

• securing temporary and permanent accommodation

LGBTQ+ couples living together, or wishing to do so, should be treated on the same basis as heterosexual couples. [1]

Refer the client to specialist legal advice as soon as possible if they have experienced unlawful discrimination as there are time limits for raising a court action for discrimination under the Equality Act.

If a person has been subject to unlawful discrimination in Scotland due to their sexual orientation or gender reassignment, proceedings can be brought in the sheriff court for breach of the statutory duties [2].

For more information check the section on the law on homelessness.

The Equality Act 2010 makes it unlawful for landlords to discriminate on the grounds of sexual orientation, sex or gender reassignment. [3] However, there is a 'small premises exemption', which means that a landlord letting a room in their house would be exempt from the regulations. [4]

If a tenant is facing discriminatory eviction, they have the right to defend a possession claim. [5]

For more information see the section on discrimination in private rented accommodation.

A public authority that is exercising a function of a public nature, such as providing housing, cannot discriminate against a person based on the protected characteristics. [6]

Examples of discrimination regarding Scottish secure tenancies could include:

• issuing a short Scottish secure tenancy instead of a Scottish secure tenancy for no legitimate reason

• restricting access to a Scottish secure tenancy or evicting anyone from their tenancy due to their sexual orientation or gender reassignment [7]

There are also various ways in which people can be discriminated against indirectly, such as having a rule or policy that disadvantages a certain group based on their protected characteristics. [8]

Succession

The right to succeed to a Scottish secure tenancy extends to a same sex partner, provided that the property has been their only or principal home within the appropriate time period. [9]

For more information see the section on succession.

Human Rights Act

Article 8 of the European Convention on Human Rights enshrines the right to respect for private and family life. This will affect both access to local authority housing waiting lists and allocations policies. It may be possible to use this Article to challenge housing policies by local authorities that try to discriminate against LGBTQ+ people.

Under the Rent (Scotland) Act 1984, “harassment” is defined as something which is “likely to interfere with the peace or comfort” of the residential occupier or members of their household'. [10]

The Equality Act 2010 provides protection and rights to LGBTQ+ people who have been subject to harassment, where there is evidence to imply they would have been treated differently in terms of remedying and investigating the harassment if it was not for their sexual orientation or gender reassignment. [11]

The Protection from Harassment Act 1997 may also help resolve harassment by their landlord or their neighbours, although the intention of the Act was to deal with stalking. Both Acts contain both civil and criminal remedies.

A local authority landlord has the power to take action against one of its tenants who is committing antisocial behaviour towards another tenant. If it does not, the affected tenant may be able to take action against the local authority landlord.

For further information on the law on harassment from landlords and others in the form of antisocial behaviour, see the section on harassment and antisocial behaviour.