From 1 May 2026, major changes come into effect in Scotland’s rental sector as the Renters’ Rights Act 2025 (Commencement) (Scotland) Regulations 2026 bring parts of the Act relevant to Scotland into force.
Below is a quick, easy-to-read breakdown of what’s changing and what it means for landlords and letting agents:
Protection Against Discrimination for Tenants
It will be a criminal offence subject to a fine of up to £1,000 for landlords or letting agents in Scotland to discriminate against tenants based on:
- Whether they have children
- Whether they receive benefits
Any attempts to prevent enquiry about the let including accessing information about the property, viewing the property or entering into a tenancy is prohibited as is applying a provision, criterion or practice in order to make individuals in those circumstances less likely to enter into a tenancy. Further, any tenancy terms that attempt to restrict tenants on these grounds will be invalid.
Discriminatory criminal conduct could be :
- Advertising a property as ‘no DSS tenants”. This would be unlawful because it excludes applicants solely on the basis that they receive benefits. Importantly, these new provisions do not prohibit affordability checks. However, applicants must be assessed on their ability to pay the rent regardless of whether that source of income is employment or benefits.
- A letting agent tells a couple with children that a property has been let, and continues to arrange viewings for applicants without children. This would be unlawful because the agent would be providing false information to discourage families with children.
Key Sections Coming into Force
The 2026 commencement regulations activate Sections 50–55 of the Renters’ Rights Act 2025. These sections deal specifically with discrimination in the rental market and how terms relating to children or benefit status must be treated.
When Do These Rules Apply?
These changes officially apply from 1 May 2026, but transitional rules clarify that if discriminatory conduct began prior to 1st May 2026 and continues on or after this date, it will be treated as happening on 1st May 2026 itself for the purpose of offences.
What Landlords and Agents Need to Do
Landlords and letting agents should act now to make sure they comply. That means:
- Reviewing tenancy agreements to remove discriminatory terms
- Updating policies and staff training
Non‑compliance could result in criminal penalties or invalidation of offending contractual terms.
Get Expert Guidance on Scotland’s New Renters’ Rights
If you’re a landlord or letting agent in Scotland, now is the time to review your tenancy agreements and policies to ensure compliance with the new regulations. Our team at TC Young can provide expert guidance and support to help you navigate these changes confidently.
Contact us today to make sure your practices are fully compliant and your tenants’ rights are protected.
