Rent in advance: the new rules for landlords

Since 1 May 2026, landlords and letting agents in England cannot ask for or accept any rent before the tenancy agreement is signed, and between signing and the start of the tenancy they can require only the first rent payment — no more than one month's rent (or 28 days' rent where rent is paid more often than monthly). Clauses demanding several months up front no longer work. Tenants can still choose to pay early once the tenancy has started, but it can no longer be a condition of getting the property.

Rules here are for England, checked against the Renters' Rights Act 2025 and GOV.UK guidance on 22 October 2026. This is general information, not legal advice.

What are the rules on rent in advance?

The Renters' Rights Act changed three things for assured tenancies from 1 May 2026:

1. Nothing before signing. A landlord or agent must not invite, encourage or accept a payment of rent before the tenancy is entered into.
2. One rent period between signing and start. Once the tenancy agreement is signed, the landlord can require the first rent payment before the tenancy begins — but no more than one month's rent, or 28 days' rent where the rent period is shorter.
3. No early-payment clauses during the tenancy. After the tenancy starts, a term requiring rent to be paid before its due date has no effect.

There are narrow exceptions, including lets arranged by a council to house someone who is homeless, and social and supported housing.

Can a tenant still pay rent in advance if they want to?

Once the tenancy has started, a tenant can choose to pay early — the rule stops landlords requiring it, not tenants offering it. What has gone is the old practice of making six or twelve months' rent up front a condition of the let, usually to offset a weak reference or a lack of UK credit history. Before the tenancy is signed, no rent can be accepted at all, even if offered.

What about holding deposits and tenancy deposits?

They are unchanged and still capped by the Tenant Fees Act 2019:

• Holding deposit: no more than one week's rent.
• Tenancy deposit: no more than five weeks' rent where the annual rent is under £50,000, or six weeks' where it is £50,000 or more — protected in a government-approved scheme within 30 days.

So the most a landlord can now require before a tenancy starts is a holding deposit, a capped tenancy deposit and one month's rent.

What is the rental bidding ban?

Since the same date, landlords and agents must not ask for, encourage or accept offers above the advertised rent:

• Every written advert and offer must state one specific rent — not a range and not "offers over".
• You cannot accept more than that figure, even when several applicants want the same property. Choose between applicants on other grounds.
• A "to let" board on its own is not treated as a written advert; online listings and written particulars are.

Breaches of the bidding rules carry fines of up to £7,000 per breach.

How should agents adjust?

• Rework your screening. Without large up-front payments, affordability rests on referencing and, where needed, a guarantor. Make sure referencing criteria are written down and applied consistently.
• Check your templates. Remove any rent-in-advance or "pay up front" terms from tenancy agreements, application forms and advert copy, and any "offers invited" wording.
• Change the order of payments. No rent should be collected until the agreement is signed, and no more than one month's rent between signing and move-in.
• Brief landlords. Many still expect to take six months up front from overseas tenants or students. Explain what changed and what you will use instead.
• Keep the money clean. Every receipt should be matched to the right tenancy and period, so it is clear what was paid when — our guide to how to reconcile client money covers the discipline.

For the wider changes, see our guide to the Renters' Rights Act for letting agents.

Frequently asked questions

Can a landlord ask for rent in advance?

Only one rent period, and only after the tenancy agreement is signed. Since 1 May 2026, a landlord or agent in England cannot accept rent before signing, and between signing and the start of the tenancy can require no more than one month's rent, or 28 days' rent for shorter rent periods.

Can a tenant pay six months' rent up front?

Not as a condition of getting the tenancy, and no rent can be accepted before the agreement is signed. Once the tenancy has started, a tenant can choose to pay early, but a clause requiring it has no effect.

Can landlords accept offers above the asking rent?

No. Since 1 May 2026, adverts must state a single rent and landlords and agents must not ask for, encourage or accept offers above it. Breaches can be fined up to £7,000 each.

What can a landlord ask a tenant to pay before moving in?

A holding deposit of up to one week's rent, a tenancy deposit of up to five weeks' rent (six weeks where the annual rent is £50,000 or more), and the first month's rent once the agreement is signed.

If keeping every receipt matched to the right tenancy is where the time goes, Solace's client accounting matches each payment to its tenancy the moment it lands and chases arrears automatically, all from your own client account and under your agency's name. To see it on your own portfolio, book a demo.