Resources · Renters’ Rights Act
Rent in Advance Under the Renters’ Rights Act 2025
- You can still take rent in advance — the Act did not ban it outright.
- But only one month’s rent (28 days for shorter rent periods), and only after the tenancy agreement is signed.
- Requiring, inviting or accepting rent before signing is prohibited.
- New tenancies from 1 May 2026. Agreements signed before then are not caught.
Short answer: you can still take rent in advance, but only one month’s worth, and only after the tenancy agreement is signed. The Renters’ Rights Act 2025 did not ban rent in advance outright — it capped the amount and changed the timing. This page sets out what is allowed, what is banned, and the section of the Act behind each point.
This is general information about the rule, not legal advice. Each point links to its primary source so you can check the wording yourself.
Can landlords still take rent in advance?
Yes. The widely repeated belief that rent in advance was “banned” is wrong. The Renters’ Rights Act 2025 did two things: it (a) prohibits requiring, inviting or accepting rent before the tenancy agreement is signed, and (b) limits what you can require after signing to one month. The relevant provisions are section 9 (rent in advance before the tenancy is entered into) and section 8 (rent in advance after the tenancy is entered into, except the initial rent) of the Act.
How much can I take?
Up to one month’s rent. For tenancies where rent is paid more frequently than monthly — weekly, for example — it is up to 28 days’ rent. GOV.UK’s guidance is explicit that a landlord can ask for the first month’s rent, or up to the first 28 days where rent is paid more often than monthly (GOV.UK: Asking for rent in advance). A term in the tenancy agreement requiring more than this is not valid.
Before or after signing?
After signing only. Before the agreement is signed by both the landlord (or their agent) and the tenant, you cannot require, invite or accept any rent in advance — that is the prohibition in section 9. Once the agreement is signed, you can require the first month’s rent at any time during the pre-tenancy period — that is, even before the tenancy start date.
“Do I need to sign early and start later?” — No
A common workaround discussed on landlord forums is to sign the tenancy early and set a later start date, purely to be able to collect money sooner. You do not need to do this. Once the agreement is signed, you can already require the first month’s rent in the pre-tenancy period. There is no advantage to manipulating the start date, and structuring a tenancy artificially to get around the timing rule risks falling foul of the prohibition rather than satisfying it.
Can a tenant choose to pay more in advance?
Yes — voluntarily. GOV.UK guidance confirms that once the tenancy has started, the tenant can choose to pay any amount of rent early, for example to help them budget. The line that matters is who initiates it: the landlord cannot require, invite or encourage a larger advance payment. If the tenant decides on their own to pay ahead, that is their choice.
What about the holding deposit?
The holding deposit is separate and is governed by different legislation. Under the Tenant Fees Act 2019, a holding deposit is still capped at one week’s rent. The rent-in- advance rules in the Renters’ Rights Act do not change that cap. Do not confuse the two: a holding deposit reserves the property before the tenancy; rent in advance is prepayment of rent once the agreement is signed.
Does this apply to existing tenancies?
The rules apply to tenancies from 1 May 2026. According to GOV.UK guidance, tenancy agreements signed before 1 May 2026, and payments of rent in advance made before 1 May 2026, are not caught. If your tenancy pre-dates commencement, the prohibition does not apply to it retrospectively.
Much of the early coverage gave landlords the impression that taking any rent up front was now illegal. It is not. The Act regulates rent in advance — it caps it at one month and fixes the timing to after signing — but it does not abolish it. A landlord who takes one month’s rent after the agreement is signed is acting within the rules.
What if I get it wrong?
Taking a prohibited rent-in-advance payment is an enforcement matter for the local authority. GOV.UK guidance states that a council can impose a civil penalty of up to £5,000 for a first breach, and up to £30,000 for a repeat breach within five years. Where a penalty is issued, the authority can also require the landlord or agent to repay the prohibited payment to the tenant (GOV.UK: Asking for rent in advance).
Enforcement runs through the local authority — the civil penalty and a repayment order — not through your possession rights. It is worth being clear on this, because the old rule that stopped a landlord recovering possession while holding a prohibited payment sat in the Tenant Fees Act 2019 and was tied to a Section 21 notice. Because the Renters’ Rights Act abolishes Section 21, that bar no longer has anything to attach to, and nothing in the rent-in-advance provisions re-creates it for the Section 8 grounds that replace it. Repaying a prohibited payment promptly is still the right course — but the consequence of getting it wrong is the penalty and repayment, not a block on possession.
That is a different rule entirely. Rent in advance is about money up front at the start. Raising the rent on an existing tenancy is done by a Section 13 notice on Form 4A, with its own timing, notice period and tribunal route. See how much you can increase rent and how to serve a Section 13 notice, or generate a compliant Form 4A below.
Related guides
Renters' Rights Act 2025: Landlord Guide
What changed on 1 May 2026, what didn't, and the rules that catch landlords out.
How Much Can I Increase Rent?
The market rent test for raising rent during a tenancy — a different rule from rent in advance.
How to Serve a Section 13 Notice
The notice, the dates, and the proof to keep so a rent increase actually takes effect.
Frequently Asked Questions
Can landlords still take rent in advance under the Renters' Rights Act?
Yes. The Act did not ban rent in advance outright. It bans requiring, inviting or accepting rent before the tenancy agreement is signed, and it caps what you can require to one month's rent. So a landlord can still take up to one month in advance, but only after signing.
How much rent in advance can a landlord take?
Up to one month's rent. For tenancies where rent is paid more frequently than monthly (for example weekly), it is up to 28 days' rent. A term in the tenancy agreement requiring more than this is not valid.
Can a landlord ask for rent before the tenancy is signed?
No. Section 9 of the Renters' Rights Act 2025 prohibits requiring, inviting or accepting any rent in advance before the tenancy agreement has been signed by both parties. Once it is signed, the landlord can require the first month's rent at any time during the pre-tenancy period, even before the start date.
Does the rent-in-advance rule apply to existing tenancies?
The rules apply to tenancies from 1 May 2026. Tenancy agreements signed before 1 May 2026, and rent-in-advance payments made before that date, are not caught.
What is the penalty for taking too much rent in advance?
A local authority can impose a civil penalty of up to £5,000 for a first breach, and up to £30,000 for a repeat breach within five years. Where a penalty is issued, the authority can also require the landlord or agent to repay the prohibited payment to the tenant.