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Risk Centre · Marketing
What you can — and can't — say in a listing.
The Act doesn't only change how tenancies end. It changes how they begin. The way a property is advertised, priced and negotiated is now regulated, and several long-standing habits — 'offers over', 'no DSS', taking six months up front — are now unlawful.
These rules are enforced by local authorities and carry real penalties. The good news: getting them right is mostly about discipline at the listing stage, which is precisely where a professional agent earns their fee.
- Pricing
- One specific advertised rent — no 'offers over'
- Bidding
- Inviting or accepting offers above the rent is banned
- Rent in advance
- Taking large advance payments is prohibited
- Discrimination
- 'No DSS' and no-children bans are unlawful
The four listing-stage rules
- One advertised rent
- The listing must show a single, specific rent. 'Offers over £X' and 'from £X' pricing are out. Get the figure right at launch with comparable evidence.
- No bidding wars
- Asking for, encouraging or accepting offers above the advertised rent is prohibited. Local authorities can impose civil penalties for breaches.
- No rent in advance
- Taking several months' rent up front is banned. This closes a route that used to help applicants with thin credit files — guarantor arrangements now fill that gap.
- No discriminatory exclusions
- Refusing tenants because they receive benefits ('No DSS') or because they have children is unlawful discrimination — in the listing, the contract, and the decision itself.
Price it right, once
With bidding banned, the launch price does all the work. Set it too low and you can't recover the difference through offers; set it too high and the property sits empty, racking up a void that costs far more than the few pounds a week you were holding out for.
This is where local comparable evidence matters. A rent set against genuine, recent lets in the same postcode lands the right tenant quickly and stands up if it's ever questioned — including at a later rent review.
The other marketing restriction — after possession
There's a second marketing rule that lives at the other end of the tenancy. If you recover possession using Ground 1 (moving in) or Ground 1A (selling), you cannot re-market the property to let for 12 months. Re-marketing includes advertising, listing, or instructing an agent to find a tenant.
It's a different rule from the listing-stage bans above, but it's worth knowing both exist — one governs how you advertise a property you're letting now, the other governs whether you can advertise it to let at all after using those grounds.
Where agents earn it
Inclusive, single-price, evidence-backed listings aren't just compliant — they attract exactly the professional tenants TN1–TN4 landlords want. The legal risk and the marketing risk move together: a sloppy listing is both a penalty exposure and a weaker advert.
Downloadable checklist
A compliant rental listing — your checklist
Run through this before any property goes live.
Email me the full guide- 01
Advertise one specific rent, set against recent local comparables
- 02
Remove any 'offers over', 'from £X' or 'OIRO' style pricing
- 03
Don't invite, encourage or accept offers above the advertised rent
- 04
Don't request rent in advance beyond what the Act permits
- 05
No 'No DSS', 'no benefits' or 'no children' language anywhere in the listing
- 06
Assess every applicant on the same documented criteria (affordability, references, conduct)
- 07
If you've used Ground 1 or 1A, confirm you're outside the 12-month re-marketing restriction before listing to let
Common questions
Frequently asked
questions.
Specific situation not covered? Call us on 01892 533367 — Mike (MARLA · FNAEA) handles complex compliance directly.
Can I still ask for 'offers over' the advertised rent?
No. Listings must show a single, specific rent, and asking for, encouraging or accepting offers above that level is prohibited. Local authorities can impose civil penalties for breaches. The practical effect is that the launch price has to be right — set with comparable evidence — because you can't recover a low figure through a bidding process.
Is it true I can't take six months' rent in advance any more?
Taking large rent-in-advance payments is now restricted under the Act. It used to be a common way to accept applicants with thin credit files or overseas tenants without a UK history. That route is largely closed — vetted guarantor arrangements are the usual alternative now, and we can route applicants to a partner where it helps.
Can I refuse tenants on benefits or with children?
No. Refusing a tenant because they receive housing benefit or other benefits ('No DSS'), or because they have children, is unlawful discrimination. This applies to the listing wording, the tenancy terms, and the decision itself. Every applicant should be assessed on the same documented criteria — affordability, references and conduct — with that process written down.
I used Ground 1A to sell but the sale fell through — can I advertise it to let?
Not for 12 months. Recovering possession on Ground 1 or 1A triggers a restriction on re-marketing the property to let for a year, and that includes advertising or instructing an agent. It's a separate rule from the listing-stage restrictions, and it's a common trap — see our page on re-letting restrictions for the detail.
Explore the Risk Centre
Keep reading on the topics that affect you.
Re-letting restrictions
Used Ground 1 or 1A? You can't re-let for 12 months. The rule that catches landlords whose plans change.
Penalties & fines
Civil penalties, rent repayment orders and the offences that turn a paperwork slip into a five-figure bill.
Common mistakes
The handful of errors that void possession claims and trigger penalties — and how to avoid every one.
A note
This page is general guidance for landlords, not legal advice. Specific circumstances vary, and commencement dates of individual Renters' Rights Act provisions can change through statutory instruments. Confirm any specific decision with your solicitor — or talk to us, and we'll route you to a specialist housing solicitor where it matters.
Letting a property soon?
A listing that's compliant and converts.
We price against live local comparables, write inclusive listings, and assess every applicant on the same documented basis — so your advert attracts the right tenant and never becomes a penalty exposure.