Date Published 12 September 2025
The Renters' Rights Bill will end the practice of landlords demanding large amounts of rent in advance from tenants looking to secure a tenancy. This unfair practice can encourage prospective tenants to stretch their finances to the limit, preventing them from moving within, or accessing the sector altogether.
Once enacted, the Renters' Rights Bill will amend the Tenant Fees Act 2019 to prohibit landlords or letting agents from requiring or accepting any payment of rent in advance of the tenancy being entered into. A landlord will only be able to require up to one month's rent (or 28 days' rent for tenancies with rental periods of less than one month) once a tenancy agreement has been signed and before commencement. The Renters' Rights Bill will also amend the Housing Act 1988 to provide that, once a tenancy starts, a landlord will be unable to enforce any terms in a tenancy agreement that require rent to be paid in advance of the agreed due date.
This measure will protect prospective tenants from large requests for rent in advance that are beyond their means.
Frequently asked questions
Rent in advance can be a useful tool for tenants who may be new to renting, have poor credit histories, or who may not pass the necessary affordability checks. Won't this measure lock some tenants out of the market?
Requirements for large amounts of rent in advance can be a significant barrier to starting to rent or moving into a new rented home.
While some tenants can use rent in advance to their advantage, we believe that by prohibiting rental bidding and requests for large amounts of rent in advance, we will protect more tenants from practices where they are pitted against one another and face undue costs.
We are clear that landlords should consider a tenant's individual circumstances when negotiating rental conditions.
When will you implement the rent in advance prohibition?
Following Royal Assent of the Renters' Rights Bill, we will allow time for a smooth transition to the new system. We will support tenants, landlords and agents to understand and adjust to the new rules, while making sure that prospective tenants can benefit from the reforms as soon as possible.
We will engage with the sector on the implementation of the rent in advance provisions.
How will this be enforced in England?
Local councils will have the power to require landlords to repay a prohibited payment of rent in advance to the tenant and to impose a civil penalty on landlords, and anyone acting directly or indirectly on their behalf, of up to £5,000 for breaches.
Which tenancies does this apply to?
Restrictions on rent in advance will apply to all assured tenancies in England, except tenancies of social housing or tenancies created to allow local councils to discharge their homelessness duties.
Which nations do the rent in advance prohibitions apply to?
Housing is a devolved matter. The rent in advance prohibitions apply only in England.
This doesn't prevent tenants from paying rent advance within a tenancy. Isn't this a loophole?
While landlords will be restricted from including terms in a tenancy agreement which require rent to be due in advance of the rent period to which the rent relates, tenants will remain free to pay prior to the rent due date should they wish to do so. This maintains flexibility for tenants to manage their tenancies in the way that best suits them. A landlord will not be able to require a tenant to pay their rent before it is due.
Credit- https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/guide-to-the-renters-rights-bill
