Rent in advance — Rules under the Renters' Rights Act

The Renters’ Rights Act introduces a cap on rent in advance that landlords and agents can request from prospective tenants in England. From 1 May 2026, asking for more than one month’s rent in advance will be prohibited. This guide explains the rule, its implications, and how to manage your rental income arrangements within the law. Reviewed March 2026.

What the rule is

Under the Renters’ Rights Act, landlords and letting agents in England are prohibited from requesting, accepting, or charging rent in advance that exceeds one month’s rent before or at the start of a tenancy. This closes a loophole that some landlords used to demand several months’ rent upfront as an alternative form of security deposit — effectively circumventing the Tenant Fees Act 2019’s deposit cap.

The restriction applies to:

• Any rent in advance demanded before a tenancy begins
• Any payment described as “rent” that is collected upfront before it falls due
• Arrangements where multiple months’ rent is required as a condition of agreeing the tenancy

When it applies

• From 1 May 2026 for all new tenancies entered into on or after that date
• The restriction also covers existing tenancies converting to periodic on 1 May 2026 — landlords cannot impose new upfront payment requirements at that point
• The rule applies to all residential assured tenancies in England

What landlords must do

• Limit rent-in-advance requests to one month’s rent (or less)
• Do not structure payment arrangements as multi-month upfront rent to avoid deposit rules
• Review any template tenancy agreements that contain upfront rent clauses before 1 May 2026
• If currently taking rent in advance under an existing arrangement, seek legal advice on whether your arrangement is affected at the point of tenancy conversion

What you can still do

• Ask for one month’s rent in advance — this is normal and permitted
• Take a tenancy deposit of up to 5 weeks’ rent (or 6 weeks’ for properties over £50,000 per year)
• Take a holding deposit of up to 1 week’s rent
• Request that rent is paid monthly in advance (as it falls due) — this is standard rental practice and is not affected by the rule

Common mistakes

• Requesting 2–3 months’ upfront to offset risk — this is prohibited from 1 May 2026; this practice was sometimes used with tenants who had poor credit or relied on benefits
• Describing large upfront payments as “advance rent” — the prohibition covers the substance of the arrangement, not just the label
• Confusing rent in advance with holding deposits — these are separate concepts with separate caps

FAQ

Why was this rule introduced? Some landlords demanded several months’ rent in advance from tenants who could not easily access guarantors or had unconventional income — particularly tenants on benefits or with limited credit history. The rule ensures that financial barriers to renting are proportionate and that the deposit cap cannot be bypassed.

What if a tenant offers more than one month’s rent in advance voluntarily? The rules prohibit landlords and agents from requiring or accepting more than one month in advance, regardless of whether the offer comes from the tenant. You should decline and explain the legal limit.

Does this affect my existing tenancies before 1 May 2026? Existing arrangements in place before 1 May 2026 are not retrospectively unwound. However, from 1 May 2026 when tenancies convert to periodic, new payment demands are subject to the restriction.

What is the penalty for taking excess rent in advance? Taking prohibited rent in advance is an offence that can be enforced by local authorities. Penalties under the Renters’ Rights Act enforcement regime can include significant financial penalties.