Rental Bidding Ban: How to Advertise Lawfully Under the Renters’ Rights Act
The Renters’ Rights Act 2025 has made sweeping changes to the private residential rental sector. A key new measure is the introduction of a ban on bidding wars in rental transactions.
It has been a common practice for some landlords to encourage offers above the advertised rent or accept the highest bid for a property. This is now banned under the new legislation.
At Helix, our specialist property litigation team has been acting for landlords, investors and property letting and estate agents for decades. We have and continue to help with all manner of complex property disputes, including now under the Renters Rights Act 2025. If you are a landlord currently dealing with a problem, reach out to us. We act nationally and would love to help you.
The new measures are comprehensive and come into effect from 1 May 2026. This article examines the ban and its implications for landlords advertising properties.
What Are Rental Bidding Bans and Fixed Rent Rules?
The Renters’ Rights Reform Act means that landlords can no longer encourage or accept offers above the advertised rent, effectively preventing them from running a bidding war.
All properties must be advertised at a fixed rental price, so phrases like “rents starting from £” will be illegal.
Key Rules of the Rental Bidding Ban
From 1 May 2026, there is:
- A fixed rental price on every property.
- A uniform rental price is clearly displayed across all advertising channels.
- No “rents starting at £” descriptions in multi-occupancy properties or blocks.
- A total prohibition on negotiating rents.
- No acceptance of a voluntary offer higher than the stated rent, even if it was unsolicited.
How Do the New Laws Apply to Rental Advertising?
A keystone of the Renters’ Rights Act is transparency from landlords, particularly in property advertising.
The correct rental price and term (e.g., per week, per month) must be displayed clearly on each listing, so there should be no guide rents or approximate figures that could mislead applicants or encourage offers.
Protected Characteristics in Housing and Tenant Selection
The Renters’ Rights Act 2025 builds on the platform of the Equality Act 2010 to prevent bias and discrimination in housing and tenant selection.
The Equality Act lists protected characteristics for rental purposes as age, race, disability, religion or belief, sex, marriage/civil partnership, gender reassignment, sexual orientation, and pregnancy or maternity.
Additionally, the new 2025 Act prohibits discrimination against renters who receive benefits, renters with pets, or renters with children.
Links Between Rental Bidding Bans and Discrimination Risk
The rental bidding ban is designed to promote fairness, ensuring that tenants are accepted based on suitability rather than financial advantage or personal status.
However, some industry commentators have voiced concerns about an unintentional kickback against certain groups.
People who may be perceived as less desirable as tenants have often used their ability to pay more than the listed rent to access properties that they would otherwise never be considered for. This includes paying several months’ worth of rent in advance or agreeing to pay a higher figure across the board.
Paying a higher rent was a strategy for some tenants to gain a competitive edge if a landlord might have concerns about their financial or family situation.
However, the new Act has a clear policy on anti-discrimination. It is designed to protect tenants who may be on benefits or have children and ensure fair access to rental properties for all.
Landlords must be able to demonstrate a transparent and fair selection process for tenants so they can prove that they were not discriminatory if challenged.
Housing charities have also voiced concerns that landlords will start with a higher rental figure to maximise their returns because they’re prohibited from accepting offers or starting bidding wars.
This could have the effect of pricing some renters out of the market.
What Counts as Rental Advertising Across Channels?
Rental advertising encompasses any listing for your property, ranging from formal advertisements through letting agents and rental platforms to informal two-liners on social media.
Landlords should have a standard form of compliant wording to advertise their property and use it consistently across all channels to avoid potential breaches.
What Unlawful Phrases and Practices Should Landlords Avoid?
Listings should focus on the property rather than the tenant. The new Act means some well-used and familiar phrases in the private rental sector will become a thing of the past.
Examples of Discriminatory Wording to Avoid in Rental Adverts
- No children
- No DSS
- No pets
- Would suit professionals
How Can Landlords Create Compliant Advertising and Selection Processes?
Designing Inclusive Rental Adverts That Focus On the Property
Landlords must design rental adverts that are transparent in all details. It’s previously been a common practice to suggest the type of tenant that would suit a property. Listings should now focus on the property instead.
The rent must be clearly stated, including its basis (weekly or monthly), to avoid confusion over the timeframe to which the figure applies. Landlords can state, “no offers” or “no negotiation” to ensure clarity and compliance.
Standardising Screening and Selection Criteria for Applicants
- Devise a transparent system that applies fair and consistent criteria to all applicants, and which avoids focus on ethnicity, employment status, family circumstances, and financial position.
- Keep records that demonstrate how the criteria were applied to different applicants.
- Be able to evidence how the rental price was set and demonstrate that it was not chosen at a specific or unusually high figure to weed out particular renters.
- A landlord should also be able to demonstrate that there was no negotiation on rent and that higher offers were not accepted by maintaining a meticulous audit trail of renter communications.
Frequently Asked Questions
Can I Accept a Higher Rent Offer if a Tenant Makes It Voluntarily?
Landlords cannot accept a higher offer on a property even if it’s made voluntarily. Tenants may still do this even with an advertisement clearly stating a fixed rent, and offers won’t be accepted. It’s important to document all offers and communications clearly so the landlord can demonstrate compliance. Landlords are allowed to accept a lower figure.
How Do Rental Bidding Rules Apply When I Renew a Tenancy?
From 1st May 2026, all assured shorthold tenancies (ASTs) will automatically become periodic tenancies, which means they continue on a month by month basis and until either the landlord or tenant gives the appropriate notice. A landlord can only increase the rent once a year, and this must be reasonable and based on fair market conditions.
Can I Still Negotiate on Other Tenancy Terms Like Start Date or Length?
Tenants and landlords can still negotiate other tenancy terms, like the start date. From 1st May next year, all tenancies will become periodic, so they will continue on a monthly rolling basis until either the landlord or tenant gives notice.
What Should I Do if I Think My Past Rental Adverts Broke the Rules?
The law only applies to newly listed properties. If you’ve accepted offers in the past, it may be worth stating “no offers – fixed rent only” on current and future adverts. Local councils now have the power to fine landlords for breaches. A single breach may result in a fine of £7,000, with repeated offences attracting penalties of up to £40,000.
New Advertising Rules Demand Transparent Landlord Practices
The new Renters’ Rights Act 2025 represents a significant shift in almost every aspect of the relationship between landlords and tenants in the private rental sector. Anti-discrimination and fair rents and treatment are a cornerstone of the statute. Landlords are prohibited from negotiating rents or accepting offers. Adverts must be lawful, and candidates must be subject to a transparent and fair selection process.
Our property litigation team at Helix Law act in all manner of complex property disputes across the country. From dealing with the changing eviction landscape to complex property ownership litigation- we’re well placed to assist. Our team has decades of experience. Whatever your situation, it’s likely we have seen and have dealt with similar cases successfully before. If you are dealing with a problem and need advice, we would love to help you. Contact Helix Law today.
