Rent in Advance
At a Glance
Paying rent in advance is common when moving into a new home, but the rules have changed significantly under the Renters’ Rights Act.
For most assured periodic tenancies in England, landlords and letting agents can usually only require one month’s rent in advance before the tenancy begins. They cannot ask for several months’ rent upfront as a condition of granting the tenancy, except in a small number of limited circumstances set out in law.
Understanding your rights can help you avoid paying more than you’re legally required to.
What Is Rent in Advance?
Rent in advance is simply rent that you pay before the rental period begins.
For example, if your tenancy starts on 1 September and your rent is £900 per calendar month, it’s perfectly normal for your landlord to ask you to pay the first month’s rent before you move in.
This payment covers your first rental period – it isn’t a security deposit and isn’t money you’ll receive back at the end of the tenancy.
When Can a Landlord Ask for Rent in Advance?
The timing is important.
A landlord or letting agent must not ask for, accept or encourage you to pay rent before both parties have signed the tenancy agreement.
Once the tenancy agreement has been signed – but before your tenancy starts (known as the pre-tenancy period) -they can usually ask for your first month’s rent if you pay monthly.
This ensures you have paid for the first rental period before collecting the keys.
How Much Rent Can They Ask For?
For most private assured periodic tenancies in England, a landlord can usually only require:
- One month’s rent if you pay monthly.
- 28 days’ rent if you pay weekly.
They cannot require you to pay three, six or twelve months’ rent in advance simply because they prefer to do so.
Any tenancy term that attempts to require ongoing rent to be paid in advance beyond what the law allows is generally unenforceable for new assured periodic tenancies.
Are There Any Exceptions?
Yes.
The one-month limit doesn’t apply in every situation.
For example, different rules may apply where:
- the tenancy has been arranged by a local authority because the tenant was legally homeless; or
- the property is let as social or supported housing.
These exceptions are relatively limited and won’t apply to most privately rented homes.
Is Rent in Advance the Same as a Deposit?
No.
Although both payments are often made before moving in, they serve different purposes.
Rent in advance:
- Pays for your first rental period.
- Doesn’t need to be protected in a tenancy deposit scheme.
- Isn’t refunded simply because it was paid before you moved in.
Tenancy Deposit:
- Acts as security against unpaid rent, damage or breaches of the tenancy agreement.
- Must usually be protected in a government-approved tenancy deposit scheme.
- Is normally returned when your tenancy ends, subject to any agreed deductions.
Understanding the difference can help you avoid confusion when you’re asked to make your initial payments.
Can I Choose to Pay More?
Yes – but it must be your choice.
Once your tenancy has started, you’re free to pay rent early if you wish. For example, you might choose to pay several months at once for budgeting reasons.
However, your landlord cannot require you to do this, and they cannot rely on a tenancy agreement clause that says future rent must always be paid months in advance.
What Should I Do If I'm Asked for More?
If you’re asked to pay several months’ rent in advance for a new private tenancy, don’t assume it’s legal.
You should:
- Ask the landlord or letting agent to explain why the payment is being requested.
- Check whether one of the legal exceptions applies.
- Keep copies of any emails, messages or payment requests.
- Contact your local council if you believe you’ve been asked to pay more than the law allows.
Local authorities have enforcement powers where landlords or agents breach the rent in advance rules.
Frequently Asked Questions
Do I have to pay my first month’s rent before I move in?
Usually, yes.
Once the tenancy agreement has been signed, your landlord can normally ask you to pay your first month’s rent before the tenancy starts.
Can my landlord ask for six months’ rent in advance?
For most new private assured periodic tenancies, no.
They can usually only require one month’s rent in advance unless one of the limited legal exceptions applies.
Can I offer to pay more if I want to?
Yes.
Once your tenancy has started, you can choose to pay rent early or pay several months in advance if it suits you. Your landlord cannot force you to do so.
Does rent in advance need protecting like a deposit?
No.
Genuine rent paid in advance isn’t a tenancy deposit and doesn’t need to be protected in a tenancy deposit protection scheme.
Key Takeaways
- Rent in advance is payment for future rent - not a tenancy deposit.
- A landlord can't ask for or accept rent before the tenancy agreement has been signed.
- For most private tenancies, they can usually only require one month's rent before the tenancy begins.
- Once your tenancy has started, paying additional rent in advance is your choice - not your landlord's.
- If you're asked to pay more than the law allows, seek advice before making the payment.
Can't find an answer?
Explore
Housing Law
Looking for the legal details? Our Housing Law library explains the legislation behind private renting in clear, easy-to-understand language.
Whether you’re learning about your rights or your landlord’s responsibilities, our guides explain the law in plain English, without the legal jargon.
Explore key topics including tenancy deposits, repairs, evictions, rent increases, property safety and much more.
