These estate agent’s demands are ‘ridiculous’ — but are they legal?

‘Is this the Hunger Games?’ This was the reaction of a young woman after reading an email from an estate agent regarding a flat viewing.

And, while the rental market doesn’t involve interviewing with Stanley Tucci (sadly) or a fight to the death, it doesn’t feel too far removed from the experiences of those in District 12.

TikToker Harriet (@harriet.d.h) shared the email which offered ‘hilarious tips’ to increase her and her friends’ chances of securing the apartment they were going to view.

‘Estate agents are out of control – absolutely out of control,’ she said in the video, which now has more than 230,000 views. Apparently we need to put an offer in literally as soon as we see it, if we want it. Otherwise there’s no chance of us getting it.’

She then showed the email which asked for an offer form to be filled out, along with a bio, then offered some ‘tips’ which would ‘increase the chances of your offer being accepted’.

These included:

• Offering over the asking price
• A long contract length
• Sticking to the move in date or sooner
• Paying upfront (offering three to 12 months rent)
• Offer a voluntary rent increase each year

Harriet was floored by the list of demands, saying: ‘Do you think I’d be viewing a flat at this price if I could afford a flat over?’

Speaking of the upfront rent suggestion, she said: ‘This one really got me. Sorry let me just get this £27,000 and give it to you upfront – why didn’t I think of that sooner? F**king idiots.’

Others in the comments were equally as annoyed by the ‘tips’ in the email.

‘Who in their right sane mind would offer a rent increase?’ commented TikToker Abigail Parker.

‘Being told your rent is increasing is one thing, why would I willingly give away more money for the same exact property I’m already in?’ added another.

‘The 12 month thing is the most annoying one in my opinion. If I had 12 months rent upfront, I’d get a mortgage,’ said Hannah Ridge.

Others called the suggestions ‘ridiculous’ and ‘appalling’.

Are these rental demands illegal?

Offering over the asking price

While frustrating, this stipulation is currently ‘common in competitive markets’, according to Marc von Grundheer, director of Benham and Reeves Estate Agents. However, that’s all about to change.

This will soon be a no no under the Renters’ Rights Bill. Instead, agents and landlords will have to agree an average market price in advance, and will be unable to accept offers over the set price. The fine for breaching this rule could be up to £7,000.

A long contract length

If a landlord accepts a longer contract length, it could be a red flag. Cordelia Smith, residential property associate at Hunters, tells Metro she’d be ‘very cautious’ about offering a long contract length, as ‘responsible landlords’ will know that changes are coming.

Cordelia says: ‘The changes proposed by the Renters’ Rights Bill will, when they become law, completely overhaul tenancy arrangements, and responsible landlords will know that – for them, it’s unlikely to be an effective bargaining chip.’

Sticking to the move in date or moving in sooner

This one isn’t illegal, and is actually advised by our experts.

‘No landlord is going to want a rental property sitting empty, so any offer to move in sooner than the advertised date is bound to be appealing,’ says Cordelia.

Marc agrees: ‘Being flexible on move-in dates may be used as a negotiation tactic.’

Paying upfront (offering three to 12 months rent)

Currently, while asking for rent upfront isn’t illegal, Marc says it’s ‘controversial’. He says: ‘It risks discriminating against lower-income renters, pricing others out, and generally increasing inequality.’

And, when the Renters’ Rights Bill comes in it, it’ll be banned. The new rules will stop landlords from being able to ask for more than a month’s rent upfront – if they do, it could mean a £5,000 fine.

Offer a voluntary rent increase each year

According to Marc, this is ‘virtually unheard of’ among renters. ‘It’s also arguably counterproductive, since it can drive inflation and raise affordability concerns long term,’ says Marc.

‘It’s not illegal, but it’s certainly not standard practice and would be seen by many as reckless advice.’

Including a bio description

This one is what Marc calls a ‘grey area’.

‘While not illegal, it does open the door to unconscious bias and discrimination, which the Equality Act protects against,’ he says.

‘If an agent or landlord chooses a tenant based on their ethnicity, gender, religion, or family status, even indirectly, it could become legally problematic.’

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