The Renters’ Rights Act: Marketing Rules, Advertised Rent and Upfront Payments

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The Renters’ Rights Act doesn’t just change what happens during a tenancy - it also changes what landlords and agents can do before a tenant ever moves in.

New rules around how properties are marketed, what rent can be agreed, and what payments can be taken upfront are designed to make the rental process clearer and more transparent. For landlords, the changes are relatively straightforward, but they do require a shift in approach - particularly in strong demand areas.

This article explains what’s changing, what’s no longer permitted, and the practical consequences landlords should be aware of.

What’s changing?

Under the Renters’ Rights Act, there are tighter rules governing how rental properties are marketed and what can be required from tenants before a tenancy begins.

In broad terms:

• The advertised rent must be the maximum rent that can be charged
• Landlords and agents cannot invite, encourage or accept offers above the advertised rent
• Tenants cannot be required to make upfront payments beyond those permitted by law
• Pressure-based or opaque marketing practices are prohibited

These rules are intended to remove bidding wars and ensure advertised pricing is meaningful.

The advertised rent now really matters

Under the new framework, the rent shown in marketing materials is no longer just a guide.

In practice:

• The advertised rent becomes the ceiling, not the starting point
• Landlords cannot later agree a higher rent with a tenant
• “Best and final offers” above asking rent are not permitted

This places greater importance on setting the right rent at the point of marketing.

For landlords operating in high-demand areas, this represents a shift away from demand-led price discovery towards market-led pricing from day one.

No rental bidding or pressure tactics

The Act prohibits practices that encourage tenants to compete against one another on price.

This includes:

• Inviting offers above the advertised rent
• Suggesting that a higher rent would secure the property
• Creating artificial urgency to push tenants into paying more

While these practices were never universal, they are now clearly off-limits.

What payments can be taken upfront?

The Renters’ Rights Act reinforces and tightens the rules around upfront payments at the start of a tenancy.

In most cases, landlords and agents can only require:

• A refundable tenancy deposit, capped in line with existing legislation
• The first rental payment, payable in advance

What landlords cannot require includes:

• Multiple months’ rent paid upfront as a condition of securing the tenancy
• Additional charges not expressly permitted by law
• Holding or reservation payments outside the permitted framework

This is an area where misunderstanding can easily lead to non-compliance.

Can a tenant still choose to pay rent upfront?

Yes - a tenant can still choose to pay rent upfront if they wish, for example paying six months’ rent at the start of the tenancy. However, there is a crucial distinction between a payment that is offered by the tenant and one that is required or even encouraged by the landlord or agent.

Under the new rules:

• A landlord or agent cannot require or ask for rent upfront as a condition of granting a tenancy
• They cannot suggest, encourage or imply that paying rent upfront will improve a tenant’s chances
• Any upfront rent must be genuinely tenant-initiated

Where a tenant voluntarily offers to pay rent in advance:

• The payment is treated as rent, not a deposit
• It should be clearly documented as rent paid in advance
• Normal rent liability resumes once the prepaid period ends

The key test is whether the arrangement was truly optional. If challenged, landlords and agents may need to demonstrate that the tenant was not pressured or steered toward paying rent upfront.

A practical consequence landlords should be aware of

Historically, some tenants with limited or poor UK credit history (such as those newly arrived in the country or applicants with non-standard income) have chosen to offer rent in advance to help offset perceived risk.

Under the new framework, landlords and agents must be careful not to rely on upfront rent as a substitute for proper referencing or affordability checks. While tenants can still choose to pay rent in advance voluntarily, it can no longer be positioned as a solution to weaker referencing.

In practice, this may lead some landlords to apply affordability and referencing criteria more strictly. Applicants who do not fit standard profiles may increasingly need to rely on guarantors, stronger documentation or alternative evidence of affordability.

What does this mean for landlords in practice?

For most landlords, these changes will not affect day-to-day behaviour — but they do change how decisions are made at the very start of a tenancy.

Landlords will need to:

• Set rents accurately at marketing stage
• Avoid informal side-agreements or post-viewing negotiations
• Be confident that the advertised rent reflects the local market

Trying to push rent beyond what the market supports often leads to longer voids and higher tenant turnover. Overpricing at marketing stage is usually a false economy.

What are the risks of getting this wrong?

Beyond compliance and enforcement, there are very practical commercial risks associated with getting marketing and pricing wrong at the outset.

Because the advertised rent now sets the maximum rent for the tenancy:

• Set the rent too high, and the property may sit on the market for longer than expected, increasing void periods and reducing overall returns
• Set the rent too low, and the landlord is locked into that figure, with no ability to increase rent until the next permitted rent review

This makes accurate pricing at the point of marketing more important than ever.

While enforcement risks remain, such as civil penalties or repayment of prohibited sums, for many landlords the greater risk is commercial as much as legislative. The combination of slower lettings, extended voids, or being tied to an under-market rent can have a meaningful impact on annual income.

Taking the time to set the right rent from day one helps protect both compliance and cash flow.

What should landlords be doing now?

To operate confidently under the new marketing rules, landlords should:

• Review how rents are set before advertising
• Ensure marketing materials accurately reflect the intended rent
• Avoid any discussion of rent increases during the application process
• Confirm that all upfront payments comply with the legislation
• Work with agents who understand and follow the new framework

Getting the foundations right reduces risk throughout the life of the tenancy.

Final thoughts

The changes to marketing and upfront payments are designed to bring clarity and consistency to the very start of the renting journey.

For landlords who already price sensibly and operate transparently, these rules formalise good practice. The key adjustment is recognising that how a property is marketed - and how risk is assessed at the outset - now carries real compliance weight. Getting this stage right sets the tone for everything that follows.

If you need help establishing the market rate of your property our team is always happy to help.

Coming up next

In Part 6, we’ll look at property standards, compliance and enforcement, and why failures in these areas can have knock-on effects across possession, rent and dispute resolution.

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