Rent in advance checker
England · Rules last checked against legislation.gov.uk and GOV.UK
The Renters’ Rights Act 2025 changed when a landlord can take rent up front on new assured tenancies in England. From 1 May 2026, two rules work together.
First, no rent can be taken before the tenancy is entered into. The Act amended the Tenant Fees Act 2019 so that rent payable before an assured tenancy is entered into is a prohibited payment. Before signing you can take a holding deposit of up to one week’s rent, and the tenancy deposit, but no rent.
Second, once the agreement is signed but before the tenancy starts, you can take only the “initial rent”: the rent for the first rent period, plus any later period that ends within the first 28 days (Housing Act 1988, section 4B). For monthly rent that is one month’s rent; for weekly rent it is four weeks. After the tenancy starts, a term making rent due before the period it pays for has no effect.
The tenancy deposit is a separate limit: five weeks’ rent where the annual rent is under £50,000, or six weeks’ at £50,000 or more, where a week’s rent is the annual rent divided by 52. So the most you can take before move-in on a monthly tenancy is one month’s rent plus the capped deposit. A holding deposit is not on top: it must be repaid within seven days of signing or, with the tenant’s consent, put towards the first rent or the deposit (Tenant Fees Act 2019, Schedule 2). GOV.UK’s guidance on rent in advance and deposits says the same.
For assured tenancies in England entered into on or after 1 May 2026, a landlord or agent cannot take any rent before the tenancy agreement is entered into — it is a banned payment under the Tenant Fees Act 2019. Once it is signed, and before the tenancy starts, you can take the rent for the first rent period: one month’s rent where rent is monthly, or the rent for periods ending in the first 28 days otherwise (Housing Act 1988, s4B). After that, rent cannot be due before the period it pays for. The tenancy deposit is a separate cap — 5 weeks’ rent, or 6 if annual rent is £50,000 or more — so the most you can take up front is one month’s rent plus the capped deposit.
- Tenancy deposit cap (5 weeks' rent)
- £1,384.61
- Most you can take before move-in (rent + deposit)
- £2,584.61
- Weekly rent (annual ÷ 52)
- £276.92
- This assumes monthly rent periods starting on the tenancy start date. If the first period is shorter (for example a part-month before rent moves to the 1st), the limit is the rent for that first period plus any period ending within the first 28 days.
- The rent-in-advance limits don’t apply to tenancies entered into before 1 May 2026, social housing let by a registered provider, or tenancies granted under the homelessness duty.
- Housing Act 1988, section 4B (prohibition of rent in advance)
- Tenant Fees Act 2019, Schedule 1 (rent, deposit and holding deposit caps)
- Tenant Fees Act 2019, Schedule 2 (treatment of holding deposit)
- GOV.UK: Rent in advance and deposits
Frequently asked questions
Can a landlord ask for rent in advance?
Only after the tenancy agreement is signed, and only the initial rent: one month's rent for a monthly tenancy, or the rent for periods ending within the first 28 days otherwise. Any rent taken before the agreement is signed is a banned payment under the Tenant Fees Act 2019.
Can I ask for six months' rent up front if the tenant has no guarantor?
Not on a tenancy entered into on or after 1 May 2026. A term making rent due before the period it pays for has no effect, except the initial rent paid between signing and the start date (Housing Act 1988, section 4B).
Does the one-month limit include the deposit?
No. The tenancy deposit is capped separately at five weeks' rent, or six weeks' if the annual rent is £50,000 or more. On a £1,200-a-month tenancy you could take £1,200 of rent plus a deposit of up to £1,384.61 before move-in.
Can I still take a holding deposit?
Yes, up to one week's rent, before the agreement is signed. Once the tenancy agreement is made it must be repaid within seven days or, with the tenant's consent, put towards the first rent payment or the tenancy deposit, so it is not extra on top.
Does the rent in advance ban apply to tenancies that started before 1 May 2026?
No. Section 4B of the Housing Act 1988 does not apply to tenancies entered into before 1 May 2026.