It is a familiar situation. A well-presented property attracts strong interest, viewings fill quickly, and multiple applicants want to proceed.
In the past, this often led to higher offers and informal bidding. Under the Renters’ Rights Act 2025, that route is no longer available. The rent you advertise is the rent you must accept.
For private landlords letting homes on assured periodic tenancies in England, the rules require a clear, fixed advertised rent and prohibit offers above it.
So how do you decide who gets the property?
The answer lies in a structured, fair and well-documented approach that focuses on suitability rather than price. To make the right decision, it is important to understand exactly what the new rules allow and what they prevent.
Related: Understanding possession grounds under the Renters’ Rights Act from May 2026
What has changed for landlords
The rental bidding ban means landlords and letting agents must include a specific rent in any written advert or written offer. They must not invite, encourage or accept higher offers.
The advertised rent must be a single fixed figure and must not be increased during the marketing of the same property. This applies to all written communications, including listings, emails, messages and social media. Even if a tenant offers more without prompting, accepting it would still be a breach.
Local councils enforce these rules and can issue civil penalties where they determine, on the balance of probabilities, that a breach has occurred.
In practice, this means decisions may be reviewed using documentation such as application forms, emails and notes from the lettings process. This shifts the emphasis away from who is willing to pay more to who is the most suitable tenant. With this in mind, landlords need a clear and consistent way to assess applicants.
Related: A Crucial Update for Self-Managing Landlords: New Council Powers Began on 27 December 2025
A clear framework for assessing applicants
When several applicants meet your basic requirements, having a structured framework makes decision-making more consistent and easier to justify.
A practical approach is to assess each applicant against the same core criteria.
Affordability
Does the applicant comfortably meet income thresholds based on the rent?
Stability
Is their employment or income source consistent and reliable?
Referencing
What do credit checks and previous landlord references indicate?
Suitability for the property
Is the property a good fit for their needs and circumstances?
Using the same criteria for each applicant helps ensure fairness and reduces the risk of inconsistent decisions.
What to do when applicants appear equally strong
There will be situations where two or more applicants meet all criteria.
In these cases, landlords should avoid introducing informal or subjective factors that could create risk. Instead, consider using a consistent method such as:
- Proceeding with the first fully completed application that meets all criteria
- Using a clearly defined internal ranking system
- Following a documented order of preference agreed in advance
Whichever method you choose, it should be applied consistently and recorded.
The key is not which method you use, but that it is fair, transparent and repeatable.
Why documentation protects your decision
Without bidding, the reason for selecting one applicant over another must be clear.
A simple record should include:
- Date and time applications were received
- A summary of affordability and referencing outcomes
- Notes on suitability
- The reason for the final selection
Local councils may rely on documentary evidence when reviewing a case. Having a clear audit trail helps demonstrate that the process has been fair and compliant.
Keeping communication compliant and consistent
Alongside documentation, the way you communicate with applicants must also reflect this structured approach.
Avoid:
- Suggesting that higher offers could improve chances
- Indicating that another applicant is willing to pay more
- Creating pressure based on competition
Instead, keep conversations focused on the application process, referencing and next steps.
Clear and consistent communication supports both compliance and professionalism.
Making decisions that support long-term income
When these processes are followed consistently, the benefits go beyond compliance.
Choosing a tenant is not just about filling a property quickly. It is about securing a reliable income and reducing future issues.
A tenant who meets affordability criteria, has strong references and is well-suited to the property is more likely to:
- Pay rent consistently
- Stay longer
- Reduce the likelihood of disputes or arrears
In many cases, this delivers better long-term outcomes than decisions driven by short-term financial gain.
Related: Family renters and affordability: How to raise rent fairly and reduce void risk under the new rules
Turning regulation into a stronger lettings process
The removal of rental bidding changes how decisions are made, but it also creates an opportunity to improve them. When multiple applicants come forward, the right choice is no longer about who offers more, but about who best meets your criteria.
By introducing a clear framework, applying consistent criteria and keeping accurate records, landlords can make confident and defensible choices. This approach not only supports compliance with the Renters’ Rights Act 2025 but also strengthens the overall quality of tenant selection.
Need support with your lettings process?
If you would like help reviewing how you assess applicants or putting a clear selection framework in place, your local Newton Fallowell team can guide you through a compliant and consistent approach.
