In England, for private tenancies agreed on or after 1 May 2026, a landlord can usually ask for no more than one month’s rent in advance, or 28 days’ rent if you pay weekly. They can only ask for it after you have both signed the tenancy agreement and before the tenancy starts. Scotland allows up to 6 months’ rent in advance.
The rule in England
These rules come from the Renters’ Rights Act 2025 and apply to private assured tenancies in England. Since 1 May 2026, most new private tenancies are assured periodic tenancies. GOV.UK’s guide for tenants says:
- A landlord or letting agent “must not accept, ask for or encourage you to pay rent before you both sign the tenancy agreement”.
- Between signing and the start date (the “pre-tenancy period”), they can ask you to pay some rent before you move in.
- If you pay monthly, “the maximum amount the landlord can usually ask for is one month’s rent”. If you pay weekly, it is 28 days’ rent.
GOV.UK’s fees guidance for landlords puts it the same way: “You can ask for a maximum of 1 month’s rent in advance after you and your tenant have signed the tenancy agreement and before the tenancy start date.”
The law itself is in section 4B of the Housing Act 1988, added by the Renters’ Rights Act from 1 May 2026. It says tenancy terms are “of no effect so far as they provide for rent to be due in advance”, except for initial rent due in the pre-tenancy period. Shelter’s legal guidance adds that the payment “must be used for the initial period of the tenancy”, so it covers your first month, not the last.
Can rent be requested before you sign?
No, not in England for these tenancies. Shelter’s legal guidance says rent paid before the agreement is signed is a prohibited payment. A landlord “can only ask for rent in advance from when the tenancy agreement is signed until one day before the tenancy start date”. If you sign on the same day the tenancy starts, “the landlord cannot ask for rent in advance”. Your first rent is then simply due as normal.
Before you sign, a landlord can ask for:
- a holding deposit of up to one week’s rent (see holding deposit rules)
- a tenancy deposit of up to 5 weeks’ rent, or 6 weeks if the yearly rent is £50,000 or more
GOV.UK says that once you sign, the holding deposit can be put towards your first month’s rent or the tenancy deposit if you agree.
When a landlord can ask for more
GOV.UK says the one-month or 28-day limit does not apply if:
- the council arranged the tenancy because you were legally homeless
- the property is let as social or supported housing
Shelter says the ban on rent in advance “only applies to tenancies entered into after 1 May 2026”. Different rules also apply in student halls. Some purpose-built student accommodation may be outside these limits too.
If you are asked for too much
You can complain to the local council where the property is. GOV.UK says you can still complain if you offered to pay or have already moved in. Keep evidence, such as payment records, messages and emails, with dates if possible. If the council finds you were illegally asked for rent in advance, it can ask the landlord to repay you.
If a letting agent is involved, you can also complain to them and then to their redress scheme (The Property Ombudsman or the Property Redress Scheme).
Scotland, Wales and Northern Ireland
| Nation | Rent in advance |
|---|---|
| Scotland | mygov.scot says a landlord can ask for rent before you move in, usually when you have no guarantor. They must say what period it covers and “cannot charge more than 6 months’ rent in advance”. Deposits are capped at 2 months’ rent. |
| Wales | Welsh Government guidance on the Renting Homes (Fees etc.) (Wales) Act 2019 says a landlord or agent “can ask for rent in advance”. It must be made clear to you and cannot be added to the holding deposit. We did not find a set maximum. |
| Northern Ireland | Housing Rights says landlords usually ask for rent on the first of the month for the coming month, so you need the deposit and rent when you sign. Since 1 April 2023 deposits are capped at one month’s rent. We did not find a specific limit on rent in advance. |
Worked example (fictional)
Sam signs a tenancy in England on 20 October for a flat at £950 a month. The tenancy starts on 1 November. The deposit is the maximum 5 weeks’ rent.
| Item | Sum | Amount |
|---|---|---|
| Weekly rent | £950 × 12 ÷ 52 | £219.23 |
| Deposit (5 weeks) | £950 × 12 ÷ 52 × 5 | £1,096.15 |
| Rent in advance (maximum) | 1 month | £950.00 |
| Total before 1 November | £1,096.15 + £950.00 | £2,046.15 |
Sam paid a holding deposit of one week’s rent (£219.23), and agrees it can count towards these costs. He then pays £2,046.15 − £219.23 = £1,826.92 more.
If the agent had asked for three months upfront (£950 × 3 = £2,850), that would be £1,900 more than the one month allowed. All figures are fictional.
Work out your upfront costs
Use the tenancy deposit calculator to check the maximum deposit for your rent, then add one month’s rent to see what you may need before moving in. For the full list, including moving costs, see upfront costs of renting in the UK. If your rent is quoted weekly, convert weekly rent to monthly first.
Related: Renting as a student without a UK guarantor · Pet deposit and pet rent rules
Sources
- GOV.UK: Assured periodic tenancies, rent in advance and deposits (England), checked 4 October 2026
- GOV.UK: Fees you can charge as part of a tenancy (England), checked 4 October 2026
- GOV.UK: Renters’ Rights Act overview for tenants, checked 4 October 2026
- legislation.gov.uk: Housing Act 1988, section 4B, checked 4 October 2026
- Shelter Legal England: Tenancy fees, checked 4 October 2026
- Manchester City Council: Renters’ Rights Act information for students, checked 4 October 2026
- mygov.scot: Paying rent and deposit, checked 4 October 2026
- Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019 guidance for tenants (PDF), checked 4 October 2026
- Housing Rights (Northern Ireland): Deposits, rent and fees, checked 4 October 2026
This guide is general information, not legal or financial advice. Report a possible error.