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Rent in advance rules

Rent in advance: none before signing, one month after

You cannot ask for, encourage or accept rent before you and the tenant have signed the tenancy agreement.

A tabbed folder of documents stands on a desk under a warm lamp, with a mug of tea beside it.
A tabbed folder of documents stands on a desk under a warm lamp, with a mug of tea beside it.

Nothing before signing

You cannot ask for, encourage or accept rent before you and the tenant have signed the tenancy agreement.

One month, at most, after it

Once it is signed you can ask for up to one month’s rent (28 days’ where rent is due more often than monthly) before the tenancy starts.

A council can make you pay it back

Councils can order a prohibited payment repaid and impose a civil penalty of up to £5,000.

Sign first, then take the first month

Keep the order visible in your process: agreement signed, then at most one month’s rent.

Set the ledger from the start date

Each later payment falls due on the agreed day, not earlier — terms requiring rent before its due date cannot be enforced.

Record what was paid and when

A dated ledger is the answer if a council or tenant asks what you took.

Where it sits

Rules summarised from the government’s Renters’ Rights Act overview for landlords (https://www.gov.uk/guidance/renters-rights-act-an-overview-for-landlords), published 1 May 2026. This is not legal advice; where a tenancy is unusual, take advice. The £5,000 figure is from the government’s Guide to the Renters’ Rights Act.

LetBuddy records the rent you receive against a ledger generated from the tenancy’s start and due day. It does not take payments, so what you accept, and when, is yours.

Common questions

Can a tenant offer to pay six months up front?

Not before the tenancy agreement is signed, and after signing you can only require up to one month’s rent in advance. Once the tenancy starts, terms requiring rent before its due date are unenforceable.

Does this apply in Wales or Scotland?

No. The rent-in-advance rules are England only.

Is a holding deposit still allowed?

The Act targets rent in advance. Holding deposits are governed by the Tenant Fees Act 2019; check the current rules for the cap and the refund conditions.

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