Section 50 prohibits discriminatory bans on, and restrictions against, the letting of private rented sector properties on the basis that a child would live with or visit a person at the property, or that a person would claim benefits. This applies to the letting of properties which may give rise to a private residential tenancy. A dwelling must be a person’s only or main home in order to constitute a private residential tenancy, and it is recognised that it will not be known for certain at the time of advertising whether a person who responds to the advert wants the property for that purpose. This prohibition is accomplished via insertions to the Private Housing (Tenancies) (Scotland) Act 2016, to mirror those in the Act itself regarding England. However, enforcement differs from England as, like the equivalent Welsh provisions in the Act, new criminal offences are created. This is in line with the approach taken in various pieces of Scottish housing legislation.
	Subsection (2) inserts new sections into the Private Housing (Tenancies) (Scotland) Act 2016 as follows:
							Section 6A can be considered the Scottish equivalent of section 33. It contains new provision which covers discrimination against prospective tenants with children. It creates a new offence in subsection (1) of taking certain actions (essentially, actions which would prevent or restrict the letting of properties to such persons) on the basis that the property would be used by children. Two defences to this are detailed in subsection (2): namely, that otherwise prohibited conduct is permitted if it is in proportionate pursuit of a legitimate aim, or if it is done to fulfil a term in an existing insurance agreement for the property. Provision is also made carving out from the offence parties who engage solely in one or more of the functions listed at subsection (3)(a) or described in future regulations made under subsection (3)(b). This provision prevents platforms which are not involved in the transaction beyond hosting lettings adverts or allowing prospective landlords and prospective tenants to communicate from committing the offence. The Scottish Ministers may also, by regulations, add additional conduct to this exemption.
							Section 6B can be considered the Scottish equivalent of section 34. It contains new provision regarding discrimination against prospective tenants who receive benefits. It creates a new offence in subsection (1) of taking certain actions (which would essentially prevent or restrict the letting of properties to persons who receive benefits). Unlike section 6A, there is no defence for legitimate aim but subsection (2) does allow otherwise prohibited conduct if it is done in order to fulfil a term in an existing insurance contract for the property. As with section 6A, provision is made carving out from the offence action which is taken by platforms which are only involved to a limited extent, and there is a power for the Scottish Ministers to, by regulations, add to this exemption.
							Section 6C can be considered the Scottish equivalent of section 35. It renders of no effect terms in a private residential tenancy agreement which outright prohibit children from living at or visiting the property (or otherwise restrict the circumstances under which they may do so), or which outright prohibit the tenant from claiming, or seeking to claim, state benefits. Under subsection (2), subsection (1) as it relates to the rule about children does not apply to such terms which are applied in proportionate pursuit of a legitimate aim or to fulfil a term in an existing insurance agreement which prohibits or restricts occupation or visit by children. In addition, subsection (1) as it relates to the rule about benefits does not apply to such terms if such a term is required to fulfil a related term in an existing insurance agreement which prohibits occupation by benefits claimants.
							Section 6D can be considered the Scottish equivalent of section 41. It contains provision which clarifies that landlords can continue to consider a prospective tenant’s income when assessing the affordability of a tenancy without breaching any rental discrimination prohibitions.
							Section 6E can be considered the Scottish equivalent of section 42. It contains definitions of the terminology used such as "relevant person", "child" and "benefits claimant".
	Subsection (3) inserts a further new section (section 75A) into the Private Housing (Tenancies) (Scotland) Act 2016, as a consequential amendment. This provides that the criminal offences inserted at sections 6A and 6B do not apply to the Crown. Subsection (4) is another consequential amendment and makes provision for the level of procedure that is to apply to the powers inserted at sections 6A, subsection (3)(b) and 6B, subsection (3)(b), both of which are subject to the negative procedure.
	Section 50 also, at subsections (6) and (8), makes insertions to the Housing (Scotland) Act 1988 and the Rent (Scotland) Act 1984 respectively, to mirror provision made in the Renters’ Rights Act itself regarding England. Specifically, the equivalent of new section 6C of the Private Housing (Tenancies) (Scotland) Act 2016 (as explained above) is inserted in each of those Acts. This is in line with sections 33-34 of the Renters’ Rights Act, under which the English provisions cover not just the tenancy type which is created when a new private rented sector tenancy is granted but also continuing types of older private rented sector tenancies. This means that the rule about tenancy terms in relation to children and benefits will apply to older ongoing tenancies as well as new ones.
Part 1: Tenancy reform Chapter 5: Discrimination relating to children or benefits status: Scotland Section 50: Discrimination relating to children or benefits status Effect