The rental bidding ban: how to advertise and set rent correctly
31 August 2026 · AgentCheck · 7 min read
Part of our UK Landlord Legal Guide
Since 1 May 2026 it has been unlawful in England to advertise a rental property in writing without stating a specific rent, or to ask for, encourage or accept an offer above that figure. Unlike the landlord database and the ombudsman, this one is already in force. Councils can issue a civil penalty of up to £7,000 for a first breach, and a repeat of the same breach within five years can add a second penalty on top of it. The practical effect is simple: your advertised rent is now your ceiling, so the number has to be right before it goes live.
For years, in the tighter markets, the advertised rent was a starting point. Ten people would view on a Saturday, someone would offer fifty pounds over to get to the front of the queue, and the agent would go back to the others to see if anyone wanted to beat it.
That is now against the law in England. Chapter 6 of the Renters' Rights Act 2025 came into force on 1 May 2026 alongside the rest of the first phase, and it changed how a property gets priced and marketed.
What the rule actually says
Two duties, and you can breach either one independently.
First, when you advertise or offer a property in writing, you have to state the rent, and it has to be a specific amount. A price range is not allowed. "Offers in excess of" is not allowed. "Rent on application" does not work either.
Second, once you have advertised that figure, you cannot ask for, encourage or accept an offer above it.
What counts as a written advert
Broader than most landlords assume. The government's guidance is explicit.
| Counts as a written advert or offer | Does not |
|---|---|
| An online property listing | A "to let" board outside the property |
| A printed advert | |
| A social media post | |
| Any digital communication, including emails, text messages and direct messages |
So a WhatsApp message to a prospective tenant saying "the flat's available, make me an offer" is a written offer with no stated rent. That is the breach, on its own, before anybody has offered anything.
What you can't do after the advert goes up
The prohibited behaviours are wider than simply banking a higher cheque. You cannot:
- Ask for or accept offers above the advertised rent. Both halves matter. Accepting is enough.
- Publish a range and invite bids within it. Or above it.
- Encourage someone to offer more. Telling a viewer you have had other offers is the example the government gives.
- Act in a way that leads someone to believe they need to offer more. This is the catch-all, and it is drafted deliberately widely.
You can be reported after the tenancy agreement has been signed. Signing does not close the door on it.
Who can be fined
The landlord, and anyone acting or purporting to act on the landlord's behalf. That means your letting agent is exposed too, and where more than one person is liable a council can penalise both.
Two groups are out of scope. Portals such as Rightmove and Zoopla, which only host the advert, cannot be found liable. Neither can tenants. A tenant who offers over the odds has done nothing wrong.
The penalties
The maximum for a first breach is £7,000. If you commit the same breach again within five years, the council can issue up to £7,000 for that second breach, and up to a further £7,000 on top because it is a repeat. The government's own worked example puts two identical offences at up to £21,000 in total. Two different offences would be up to £14,000, because a repeat penalty only applies to the same breach.
Councils do not start at the maximum. The government's guidance gives them indicative starting points before they adjust for aggravating and mitigating factors:
| Breach | Suggested starting point |
|---|---|
| Failing to state a proposed rent in a written advert or offer (s.56(2)) | £3,000 |
| Inviting, encouraging or accepting an offer above the advertised rent (s.56(3)) | £4,000 |
Things that push the figure up include how many properties you own or manage, any history of non-compliance, and whether you put it right quickly. The standard of proof is the civil one, the balance of probabilities, not the criminal standard. If a council investigates, expect it to ask for evidence of the original advertised rent, the tenancy agreement and a statement.
What if a tenant offers more without being asked?
You will find commentary arguing that an entirely unsolicited offer is a grey area because you did nothing to invite it. Be careful with that.
The government's guidance for landlords does not draw that distinction. It says plainly that you cannot ask for, encourage or accept an offer higher than the advertised rent, and that you may be fined up to £7,000 for a first offence. The safe position, and the one we would take, is that you decline anything above your advertised figure regardless of who raised it. If a tenant presses, tell them the law does not allow you to accept it. Most will understand.
How to price so you never need the conversation
The ban does not cap your rent. It caps your ability to change your mind after you have advertised. So the work moves to the front.
- Advertise the figure you would genuinely accept. Not a hopeful number, not a conservative one you expect to be bid up from. The number.
- Do the comparable research before you list, not after. Look at what has actually let nearby in the last few weeks at your bedroom count and condition, rather than what is sitting on the portals unlet.
- Price the property you have. A new boiler, off-street parking and a decent EPC are worth real money. So is the absence of them.
- Get a second opinion. Two or three agent valuations on the same property will usually sit within a narrow band, and the outlier tells you something.
- Accept a slow first week. If nothing moves, you can review your marketing. Repricing a live advert in response to a flood of interest is a different matter, and if you are tempted to do it, take advice first.
Our guide on how to set the rent on a UK rental property goes into the comparable research in more detail.
The related rules that landed the same day
Two others are worth knowing, because they are often confused with the bidding ban.
- Rent in advance is capped. Landlords and agents cannot require more than one month's rent in advance. Asking for six months up front to make a marginal applicant work is no longer available.
- Rent increases are once a year. Increases now run through the revised section 13 procedure, with at least two months' notice of the new rent. See rent increases under the Renters' Rights Act.
Together those three change the arithmetic. You cannot be bid up at the start, you cannot take a large lump sum up front, and you cannot correct a low rent until the anniversary. Getting the opening figure right is worth more than it used to be.
What to check with your agent
If an agent markets for you, they can create the breach and you can still carry the liability. Ask three things. Does every listing they run for you carry a single specific rent figure. What do they say to a viewer who offers over. And do they keep a record of the advertised rent for each let, in case a council asks for it a year later.
For the wider picture of what changed in May, see our full guide to the Renters' Rights Act.
This is general information about the law in England as it stood at the end of August 2026, not legal advice. Scotland, Wales and Northern Ireland have their own rules on advertised rents.
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