Rent in Advance Rules for Landlords: What You Can Ask For and What to Do Instead
Rent in advance has long been a way for landlords to feel secure before a tenant moves in.
It can help cover the first rental period and, in some cases, has been used to reduce concerns around arrears.
But under the Renters’ Rights Act, the rules are now much tighter. Landlords need to be clear on when rent can be requested, how much can be taken and what should happen once the tenancy has started.
What has changed with rent in advance?
The main change is when rent can be requested.
Landlords and letting agents can no longer ask for, encourage or accept rent before the tenancy agreement has been signed. This means rent should not be taken at the application stage, during referencing, or as a condition before the agreement is in place.
For landlords who have previously asked for several months’ rent upfront, this is an important change. The focus now needs to be on getting the process right from the start: clear paperwork, signed agreements, proper referencing and a payment request that follows the new rules.
In short, rent in advance is still possible, but only at the right stage and within the right limits.
How much rent in advance can landlords ask for?
Once the tenancy agreement has been signed, landlords can usually ask for rent in advance before the tenancy starts. But there are now clear limits on how much can be requested.
If the tenant pays rent monthly, the maximum is one month’s rent in advance. If the tenant pays rent more frequently, such as weekly, the maximum is usually 28 days’ rent.
The timing matters just as much as the amount. Rent in advance should only be requested after the tenancy agreement has been signed and before the tenancy begins. This period is often called the pre-tenancy period.
What if a tenant offers to pay more rent upfront?
A tenant may offer to pay more rent upfront because they want to secure the property, move quickly or strengthen their application.
Landlords still need to be careful. There is a difference between a tenant choosing to pay rent early once the tenancy has started, and a landlord asking for, encouraging or accepting rent before the agreement is signed.
If extra rent becomes part of the condition for agreeing the tenancy, it could create a compliance risk. Keep the process clear, treat all applicants fairly, and only request rent at the correct stage.
What can landlords do instead of asking for more rent upfront?
Large advance rent payments have often been used to give landlords reassurance. Under the new rules, that reassurance needs to come from a stronger letting process and a guarantor instead.
Review your tenant referencing process
Referencing is one of the most important checks a landlord can make. It can help you understand a tenant’s income, employment position, rental history and overall affordability before you agree to let the property.
A thorough process will not remove every risk, but it can help you make a more informed decision.
Consider whether a guarantor is appropriate
A guarantor may be useful where a tenant has limited rental history, irregular income or is renting for the first time. This is common with students, some self-employed tenants or applicants who do not meet standard affordability checks.
The key is to use guarantors fairly and consistently, not as a way to avoid the rent in advance rules.
Look at rent protection or managed letting support
If rent arrears are a concern, it may be worth looking at rent protection or a managed letting service. This can give landlords more support if payments are missed, while also helping with day-to-day compliance.
For landlords who manage everything themselves, professional support can also reduce the risk of missing important rule changes.
Keep your tenancy documents up to date
Old tenancy agreements may include clauses that no longer fit the new rules, especially if they refer to larger upfront payments or rent being due before the agreed date.
Review your documents, advert wording and applicant emails together. A compliant process is not just about what the agreement says. It is also about what tenants are asked, when they are asked, and what records you keep.
Rent in advance checklist for landlords
Before agreeing a new tenancy, it is worth checking that your rent in advance process is clear, consistent and up to date.
Use this checklist as a starting point:
- Make sure the tenancy agreement is signed before requesting rent
- Do not ask for more rent in advance than the rules allow
- Review old tenancy agreement clauses
- Check advert wording and tenant communications
- Keep clear records of payments, dates and requests
- Strengthen referencing and affordability checks
- Consider whether a guarantor is appropriate
- Review your wider Renters’ Rights Act compliance
Small details can make a big difference. A payment request sent too early, an outdated clause or unclear wording in an advert could all create avoidable problems.
Need help staying compliant?
The Renters’ Rights Act has changed several parts of the lettings process, including how and when rent can be requested.
If you are unsure whether your current approach is up to date, Andrews can help. Our lettings teams can review your position, explain what has changed and help you stay on the right side of the rules.
