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Landlord glossaryTenancy

Rent in Advance

Rent paid before the period it covers. Since 1 May 2026 a landlord in England cannot ask for, encourage or accept rent before the tenancy is signed, and a term requiring rent in advance has no effect, except the initial rent, for the first rent period, which can be required between signing and the start date. A tenant can still choose to pay early once the tenancy has started. Advance rent is separate from the deposit, which is capped and must be protected.

Reviewed by Erdem VolkanLast reviewed 16 September 2026How we check facts

Before signing
No rent can be asked for or accepted
Between signing and start
The first period’s rent only
During the tenancy
Terms requiring rent in advance have no effect
Not the same as
The capped, protected deposit

Why it matters

What Rent in Advance means for a landlord

Large upfront rent demands were used to choose tenants by how much cash they had rather than whether they could afford the rent. The Renters’ Rights Act limits them, so landlords who relied on several months up front for tenants with little credit history now need referencing, a guarantor or rent guarantee insurance instead. Treat advance rent and the deposit as two separate things with separate rules.

Worked example

How it plays out

Tim agrees to let a flat in Guildford at £1,500 a month to a tenant with a short credit history. He used to ask for six months up front. Now he takes nothing before the agreement is signed, collects the first month’s rent after signing and before the start date, and asks for a guarantor instead.
An illustrative example. Names, places and figures are made up.

Common mistakes

Where landlords go wrong

  1. 01Taking rent to “secure” a property before signing.
  2. 02Keeping a clause requiring several months’ rent in advance.
  3. 03Confusing a holding deposit with advance rent.

What to do

A short checklist

  • Remove advance rent clauses from templates.
  • Collect only the first period’s rent between signing and the start date.
  • Use referencing, a guarantor or insurance to manage risk instead.

Sources

Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.