Can they do that? Brighton & Hove
All questions

Can an agent ask me to pay more than the advertised rent?

Short answer

No

Since 1 May 2026, written adverts must show one fixed rent. Agents and landlords can't ask you to offer more, encourage a bidding war, or accept an offer above the advertised rent.

If an agent tells you “other people are offering more” and asks you to beat them, that’s rental bidding. Since 1 May 2026, the Renters’ Rights Act has banned it in England.1

It covers private landlords and anyone acting for them, such as a letting agent. It doesn’t cover social or supported housing.2

What the rules say

  • A written advert or offer must state a specific rent.3 A price range isn’t allowed.4
  • “Written” includes adverts online, in print and on social media, and emails, texts and direct messages. A “to let” sign outside the property doesn’t count.5
  • A landlord or agent can’t ask or encourage you to offer more than the advertised rent.6
  • They can’t tell you about other bids to push your offer up, or act in any way that makes you think you need to offer more.7
  • They can’t accept an offer above the advertised rent, even if they didn’t ask for it and you offered it yourself.8

You can’t get into trouble for making a higher offer. Only the landlord, or someone acting for them, can be fined.9

Offering several months’ rent up front to beat other applicants isn’t allowed either. Before you sign, a landlord or agent can’t accept any rent at all.10 See rent in advance.

What isn’t rental bidding

  • The landlord turns down a higher offer and chooses a tenant using the normal checks.11
  • The landlord accepts an offer below the advertised rent.12
  • The same property is advertised at two prices for two different things, such as furnished and unfurnished.13

Report it

You can report rental bidding to your local council.14 In Brighton & Hove, Trading Standards enforces the ban, and you report through the Citizens Advice consumer helpline, which passes complaints to Trading Standards.15 See how to report a letting agent.

You can still report it if you’ve already made a higher offer, whether they asked you to or just accepted it. You can also report an advert that didn’t state the rent.16

Keep:

  • a screenshot of the advert showing the rent
  • any messages, voicemails or emails asking or encouraging you to offer more
  • your tenancy agreement, if you’ve signed one

These are the kinds of evidence councils are told to ask tenants for.17

The council can fine the landlord or agent up to £7,000.18 If the same kind of breach happens again within five years, it can fine up to £7,000 for the new breach, plus an extra penalty of up to £7,000.19 If it was a letting agent, you can also complain to its redress scheme.20

References

  1. Renters’ Rights Act 2025, s. 56, commencement note. S. 56 in force at 1.5.2026 by S.I. 2026/421, reg. 3(c) ↩

  2. Rental bidding: a guide for local authorities and councils. GOV.UK, 13 November 2025. These measures apply to all landlords or any person acting on the landlord’s behalf, such as a letting agent, who let out assured periodic tenancies in England. This includes tenancies offered by or on behalf of the Crown Estate, but not social or supported housing. ↩

  3. Renters’ Rights Act 2025, s. 56(2). A relevant person must not advertise in writing, or otherwise offer in writing, the proposed letting unless— (a) the rent that is to be payable under the letting is a specific amount (the “proposed rent”), and (b) the advertisement or offer states the proposed rent. ↩

  4. Assured periodic tenancies: a guide for tenants, “Rental bidding”. GOV.UK. When a property is advertised in writing, the advert must say how much the rent is. It must be a specific amount. A price range is not allowed. ↩

  5. Assured periodic tenancies: a guide for tenants, “Rental bidding”. A written advert can be: an online property advert a printed advert a social media post any digital communication, for example, emails, text messages or direct messages A ‘to let’ sign outside a property is not a written advert. ↩

  6. Renters’ Rights Act 2025, s. 56(3)(a). A relevant person must not— (a) invite or encourage any person to offer to pay an amount of rent under the proposed letting that exceeds the stated rent ↩

  7. Assured periodic tenancies: a guide for tenants, “Rental bidding”. tell you there are other bids to encourage you to increase your offer act in any way that leads you to believe you need to offer more than the advertised rent ↩

  8. Renters’ Rights Act 2025, s. 56(3)(b). accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent. Rental bidding: a guide for local authorities and councils, “Landlord accepts an offer from a tenant”. The landlord did not invite or encourage the tenant to make an offer. They accept the higher offer and the tenancy is agreed based on the higher price. The local authority agrees that rental bidding has taken place ↩

  9. Rental bidding: a guide for local authorities and councils, GOV.UK. Landlords, or anybody acting on their behalf, may be found liable for rental bidding breaches. Tenants cannot be found liable for rental bidding breaches. ↩

  10. Asking for rent in advance: guidance for local authorities, Annex A. GOV.UK, updated 8 May 2026. they offer to pay 6 months’ rent in advance now to secure the property and enter into a contract. The landlord accepts this offer… This would be a breach of the rules on rent in advance as the landlord has accepted an offer of rent before the tenancy is entered into. ↩

  11. Rental bidding: a guide for local authorities and councils, “A higher offer is made but the landlord does not accept”. The landlord declines the offer and advises the tenant that they will be choosing a tenant based on the standard pre-tenancy checks. The local authority decides that rental bidding has not taken place. ↩

  12. Rental bidding: a guide for local authorities and councils, “Receiving a lower offer”. The local authority decides that rental bidding has not taken place because the offer was below the original advertised price. ↩

  13. Rental bidding: a guide for local authorities and councils, “Furnished/unfurnished”. The local authority decides that rental bidding has not taken place as there is a difference between the two offerings. ↩

  14. Assured periodic tenancies: a guide for tenants, “Rental bidding”. You can report a landlord or letting agent to your local council if they take part in or encourage rental bidding. ↩

  15. Renters’ Rights Act. Brighton & Hove City Council. The following elements of the Renters Rights Act are enforced by Trading Standards, including rental bidding. To report any of these issues, contact the Citizens Advice Consumer Service. Find consumer advice. Brighton & Hove City Council. you can contact the Citizens Advice consumer helpline on 0808 223 1133; the adviser can pass information about complaints on to Trading Standards - you can’t do this yourself ↩

  16. Assured periodic tenancies: a guide for tenants, “Rental bidding”. You can also report a landlord or letting agent if they did not include the rent when they advertised the property. You can still report a landlord or letting agent to your local council if: you made a bid above the advertised rent after the landlord asked or encouraged you to you made a bid above the advertised rent and the landlord accepted it ↩

  17. Rental bidding: a guide for local authorities and councils, “Gathering evidence”. local authorities could ask tenants to provide: evidence of the original published advertised price any records or evidence of the landlord or their agent asking for, encouraging or accepting a higher amount than the advertised price, such as text messages, voicemails, or emails if appropriate, a copy of the tenancy agreement which shows the agreed rent (if the tenancy has since been entered into) ↩

  18. Renters’ Rights Act 2025, s. 57(1) and (3). A local housing authority may impose a financial penalty under this subsection on a person if satisfied on the balance of probabilities that the person has breached the prohibition imposed by section 56(2) or (3). must not be more than £7,000. ↩

  19. Renters’ Rights Act 2025, s. 57(2). within the period of five years ending with the date on which that penalty was imposed, a previous financial penalty under subsection (1) was imposed on that person in relation to a breach of the same subsection of section 56, then the local housing authority may impose an additional financial penalty. Rental bidding: a guide for local authorities and councils, “Repeat breaches”. If they repeat the same breach within 5 years, the local authority can issue a civil penalty of up to £7,000 in respect of the second breach, and an additional penalty of up to £7,000 can be issued due to that second breach being a repeat breach. ↩

  20. Rental bidding: a guide for local authorities and councils, “Other routes tenants may take”. If the complaint relates to a letting agent, the tenant can also seek a remedy through the Agent Redress Scheme. ↩