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What is Rent in advance?
Last verified 23 October 2026
Rent in advance is rent paid before it is due, usually before a tenancy starts. In England, since 1 May 2026, landlords and agents cannot ask for, encourage or accept any rent before both sides have signed the tenancy agreement.
Why it matters to landlords
Once the agreement is signed and before the tenancy starts, the most a landlord can usually request is one month's rent, or 28 days' rent if rent is not paid monthly. Larger amounts are allowed only in limited cases, such as where the council arranged the tenancy because the tenant was legally homeless, or for social or supported housing. A report can still be made if the tenant offered to pay early and the landlord accepted.
Landlords who used to ask for several months up front, for example from applicants without a guarantor, now need other ways to manage risk, such as referencing or a guarantor. If a council finds rent was taken illegally in advance, it can require the landlord to repay it, and councils can also impose a civil penalty. The rule applies in England only.
Example
A tenancy agreement is signed on 1 November for a tenancy starting on 15 November at £950 a month. The landlord can ask for up to £950 before 15 November, plus a deposit within the legal cap. Asking for three months' rent up front would break the rule.
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