These Regulations commence sections 50 to 55 (Chapter 5 of Part 1) of the Renters’ Rights Act 2025 (“the Act”), which make provision in relation to discrimination and discriminatory terms in the rental market in Scotland. The Act received Royal Assent on 27 October 2025 and the enabling powers for these Regulations (sections 140(1) and 145(4)) came into force on the day on which the Act was passed.

Regulation 2 appoints 1 May 2026 as the day on which Chapter 5 of Part 1 of the Act comes into force.

Section 50 of the Act creates new criminal offences relating to discrimination in the letting of residential property on the basis that a person has, or would have, a child living with or visiting them, or on the basis of a person’s benefits status.

Section 50 of the Act also provides that certain discriminatory terms have no effect in private residential tenancies, assured tenancies and protected or statutory tenancies. Sections 51 and 52 make similar provision in relation to certain discriminatory terms in standard securities and contracts of insurance.

Sections 53 and 54 confer regulation-making powers on the Scottish Ministers and the Secretary of State respectively to extend the protections created by the Act for those with children and benefits claimants so that they also apply to persons of another description. Section 55 is an interpretative provision for Chapter 5.

Regulation 3 makes transitional provision in relation to the new criminal offences created by section 50(2) of the Act, providing that those offences apply only in relation to conduct occurring on or after the appointed day. Regulation 3 also provides that conduct which begins prior to the appointed day but continues on or after is deemed to have occurred on the appointed day and is thereby caught by the offences created by section 50(2). This ensures that no person is criminally liable for conduct occurring only before the commencement of Chapter 5 but criminal liability will apply to continuing conduct.