Since 1 May 2026, letting agents in England must advertise a specific rent and must not invite, encourage or accept offers above it. That applies to what your team says on the phone and at viewings, not only to the written advert. Agents can confirm the advertised rent, explain the application process and give a decision date, but cannot hint that a higher offer would help, mention rival bids to push the price up, or accept a higher offer even if the applicant volunteers it.
This article is general guidance on the rules for England, not legal advice. Check the government guidance linked below and your redress scheme or trade body for anything specific.
What does the rental bidding ban actually prohibit?
Under the Renters' Rights Act 2025, landlords and anyone acting on their behalf, "such as a letting agent", must include a specific rent in written adverts and offers. According to the government's guidance for councils, they must not (GOV.UK, rental bidding guidance, 2025):
- publish another advert with a higher price for the same letting
- publish a price range
- invite, encourage or accept a higher offer
- tell someone they have received other bids to encourage them to bid more
- act in any way that leads a person to believe they need to bid above the advertised price
The measures apply to assured periodic tenancies from 1 May 2026. Written adverts include online listings, printed adverts, social media posts, emails, texts and direct messages.
Does it cover phone calls and viewings?
Yes, in practice. The guidance gives two examples that are breaches. In one, a landlord phones an applicant to say someone else has offered more, and asks them to raise their offer. In the other, a landlord tells people at a viewing that offers above the advertised rent will be considered.
The guidance is also clear that if a tenant volunteers a higher offer without encouragement and the landlord accepts it, that is still a breach. Refusing the offer is not.
That makes the front line of your lettings team, the people answering enquiry calls and running viewings, the people most likely to breach the rules by accident. A casual "it's very popular, you might want to offer a bit more" is exactly what the ban targets.
What can your team say, and what should they avoid?
| Applicant asks | Safe answer | Avoid |
|---|---|---|
| "Is the rent negotiable?" | "The rent is £X a month, as advertised." | "The landlord might take offers." |
| "There's lots of interest, should I offer more?" | "We can't accept offers above the advertised rent. Applications are assessed on [your criteria]." | "Others have offered more." |
| "Can I pay six months up front to secure it?" | "We can't take rent before the tenancy agreement is signed." | Accepting or encouraging advance rent |
| "How many people have applied?" | Factual: "We've had several applications; we'll decide by [date]." | Using the number to push the price up |
| "Can I put down a holding deposit?" | "Yes, up to one week's rent while we do checks." | Taking more than one week's rent |
| "Do you accept tenants on benefits / with children?" | "Yes, every application is considered on its merits." | Blanket refusals |
The rent-in-advance and discrimination lines come from the same Act. Landlords cannot ask for, encourage or accept rent before the tenancy agreement is signed (GOV.UK, Renters' Rights Act overview for landlords), and after signing can require no more than one month's rent before the tenancy starts. The Act also makes it illegal for landlords and agents to discriminate against prospective tenants who receive benefits or have children (GOV.UK, guide to the Renters' Rights Act). Holding deposits remain capped at one week's rent under the Tenant Fees Act 2019 (GOV.UK, Tenant Fees Act statutory guidance).
How do you choose between applicants if price is off the table?
With bidding banned, you need a fair, written way to choose between applicants at the advertised rent. Common approaches:
- First complete application wins, subject to checks.
- Landlord's published criteria, such as move-in date, length of stay sought, or affordability at the advertised rent.
- A fixed decision date, with all applications received by then considered together.
Whatever you use, write it down, apply it consistently, and make sure it does not discriminate against people on benefits or with children. Tell applicants how decisions are made when they enquire. It saves arguments later and keeps conversations away from price.
What are the penalties?
For rental bidding, councils can impose civil penalties of up to £7,000 for a first breach, with a further penalty for a repeat breach of the same type within five years (GOV.UK, rental bidding guidance). Across the Renters' Rights Act more widely, initial or minor non-compliance can attract a penalty of up to £7,000, and serious, persistent or repeat non-compliance up to £40,000 (GOV.UK, guide to the Renters' Rights Act).
The government's guide to the Act also says landlords and agents "will remain responsible for their own actions and behaviours", so an agent should not assume the landlord carries the risk.
How do you make sure every enquiry gets the same answer?
The risk is inconsistency: one negotiator says the right thing, another improvises. A checklist for your lettings line:
- Write a short script covering rent, the application process, decision dates, holding deposits and rent in advance.
- Train everyone who answers the phone, including weekend and temporary staff.
- Record enquiries with the date, property and what was said, so you can show what applicants were told.
- Check adverts on every portal and social channel for a single, specific rent.
- Escalate any applicant who pushes to offer more to a senior negotiator, who refuses it in writing.
- Review a sample of calls and emails each month.
Evening and weekend enquiries are often where consistency slips, because whoever picks up is not following the script. An AI receptionist for letting agents such as Remi answers the lettings line 24/7, books viewings into Google Calendar, sends viewing reminders and passes each applicant's details to your team, so every caller gets the same process. Remi does not give legal advice and does not negotiate rent: anything beyond booking and basic information goes to your team as a detailed message.
The short version
- Since 1 May 2026, agents in England must advertise one specific rent and must not invite, encourage or accept higher offers.
- The ban covers phone calls and viewings: government examples of breaches include both.
- Accepting a higher offer is a breach even if the applicant volunteered it. Refuse it.
- No rent before the agreement is signed, no more than one month's rent before the tenancy starts, and holding deposits capped at one week's rent.
- Write down how you choose between applicants, make sure it does not discriminate, and give every enquiry the same script.