Asking for multiple months' rent in advance has been a common practice among landlords, particularly when a tenant has a thin credit history, is self-employed, or is relocating from abroad. Under the Renters' Rights Act 2025 (c. 26), this practice is effectively banned. From 1 May 2026, there are strict limits on how much rent you can require upfront, and breaching these limits carries penalties.
The New Limit: One Month Maximum
The RRA caps rent in advance at a maximum of one month's rent. You cannot ask a tenant to pay two, three, or six months' rent upfront as a condition of granting the tenancy. This applies regardless of the circumstances. It does not matter if the tenant has no UK credit history, is a student, is self-employed, or has any other characteristic that might previously have prompted a request for additional rent in advance.
Even If the Tenant Offers
This is the part that surprises many landlords. Under the RRA, the one-month cap applies even if the tenant voluntarily offers to pay more. You might have a prospective tenant who wants to pay six months upfront to secure the property or because it suits their cash flow. Under the new law, you cannot accept more than one month's rent in advance. The prohibition is on the landlord requiring or accepting the payment, not just on the landlord requesting it. This is a deliberate policy choice designed to prevent discrimination against tenants who cannot afford large upfront payments.
Separate from the Deposit
The rent-in-advance cap is entirely separate from the rules on tenancy deposits. Under the Tenant Fees Act 2019, which continues to apply under the RRA, the maximum deposit is five weeks' rent where the annual rent is under 50,000 pounds, or six weeks' rent where it is 50,000 pounds or more. The deposit must be protected in a government-approved scheme. So at the start of a tenancy, the maximum you can collect is one month's rent in advance plus the deposit. These are two separate payments governed by two separate sets of rules.
Why the Change?
The government's rationale is that requiring large amounts of rent in advance creates a barrier to accessing private rented housing. Tenants who cannot raise several months' rent upfront are excluded from properties, even if they can comfortably afford the monthly rent. The policy is also intended to prevent landlords from using rent in advance as a way of selecting wealthier tenants or discriminating against those on lower incomes or housing benefit.
What Counts as Rent in Advance?
Rent in advance means any payment of rent that covers a period before the tenant has occupied the property for that period. In practical terms, if the tenant pays the first month's rent on the day they move in, that is one month's rent in advance and is within the limit. If you ask the tenant to pay for the first and second months on the day they move in, the second month's payment is additional rent in advance and would breach the cap. The rule is simple: one month is the maximum.
Penalties for Breach
Requiring or accepting rent in advance above the one-month cap is a breach of the Renters' Rights Act. Enforcement is handled by local authority trading standards. Penalties can include a financial penalty of up to 5,000 pounds for a first offence and up to 30,000 pounds for a repeat offence. In addition, any excess rent paid must be repaid to the tenant. These are significant penalties, and they apply even if the tenant appeared willing to pay.
Practical Implications
If you have previously relied on multiple months' rent in advance to mitigate risk, you will need to find alternative approaches. Consider more thorough referencing, guarantor agreements, or rent guarantee insurance. These are all lawful ways to protect yourself against tenant default without breaching the rent-in-advance cap.
Take Action
Use our Deposit Cap Calculator to check the maximum deposit and rent in advance you can collect. Generate your complete document pack for an RRA-compliant tenancy agreement that reflects the new rules. For a full overview, read 5 Things Every Landlord Must Do Before May 2026.