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In England, since 1 May 2026, a landlord can take no rent before the tenancy agreement is signed, and usually only one month's rent (or 28 days') between signing and the start date.
The limits come from the Renters' Rights Act 2025, which amended the Tenant Fees Act 2019 and the Housing Act 1988. The same date brought in a ban on rental bidding. Deposit caps from the Tenant Fees Act still apply. This page follows GOV.UK and legislation.gov.uk as checked on 16 October 2026, and covers England only.
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The limits at a glance
| Payment | Limit | When |
|---|---|---|
| Rent before the agreement is signed | None allowed | Before signing |
| Rent in the pre-tenancy period | Usually one month's rent (monthly rent) or 28 days' rent (other rent periods) | After signing, before the start date |
| Rent during the tenancy | Due on the rent day in the agreement; for tenancies entered into from 1 May 2026, terms making rent due before its period have no effect | Once the tenancy starts |
| Holding deposit | Up to one week's rent | Before signing |
| Tenancy deposit | Up to 5 weeks' rent (annual rent under £50,000) or 6 weeks' (£50,000 or more) | Before signing |
One week's rent means the annual rent divided by 52. These rules apply to assured tenancies in England. GOV.UK lists exceptions for social housing and supported housing, and for tenancies arranged by the council for someone who is legally homeless.
Rent before and after signing
Before the tenancy agreement is signed, you and your letting agent must not ask for, encourage or accept any rent. GOV.UK says a tenant can still report you even if they offered the money themselves, or have already moved in.
The "pre-tenancy period" runs from signing to the day before the tenancy starts. In it you can ask for the "initial rent", which the Act defines as rent for the first rent period, or for any later rent period that ends within 28 days of the start of the first one. GOV.UK puts it as one month's rent for monthly tenancies and 28 days' rent otherwise.
Once the tenancy starts, for tenancies entered into on or after 1 May 2026, the Act says a term making rent due before the period it pays for has no effect, and rent falls due on a substitute rent day instead. Your tenant can choose to pay early. You cannot make them.
Breaking these rules can be costly. The council can make you repay the money, and the Tenant Fees Act allows a financial penalty of up to £5,000.
Rental bidding and stating the rent
When you advertise or offer a property in writing, you must state the rent as a specific amount. A price range is not allowed. Written adverts include online and printed listings, social media posts, emails and text messages; a "to let" board outside the property is not one.
After stating the rent, you and your agent must not invite or encourage higher offers, accept an offer above the stated rent, or suggest that others are offering more. GOV.UK says you may be fined up to £7,000 for a first breach, and a repeat of the same breach within 5 years can add up to £7,000 more.
A worked example
You let a flat at £1,200 a month. The annual rent is £1,200 × 12 = £14,400, and one week's rent is £14,400 ÷ 52 = £276.92.
| Payment | Calculation | Most you can take |
|---|---|---|
| Holding deposit | 1 week | £276.92 |
| Tenancy deposit | 5 weeks (annual rent under £50,000) | £1,384.62 |
| Rent before signing | Not allowed | £0 |
| Rent between signing and the start date | One month | £1,200 |
If the rent were £4,500 a month, the annual rent would be £54,000, so the 6-week cap applies: £54,000 ÷ 52 × 6 = £6,230.77.
What this means for you
If you used to take several months' rent up front from tenants with weak references, that option has gone for new lets. The government's guide to the Act accepts that rent in advance helped some tenants with poor credit histories, but chose to limit it anyway.
Adverts need a single, specific rent figure, and the figure you advertise is the most you can accept. Brief any letting agent, because the rules apply to anyone acting for you.
The deposit still has to go into a government-approved scheme within 30 days of receiving it. A holding deposit does not need protecting, but GOV.UK says that once your applicant becomes your tenant it becomes a deposit and must be protected.
Steps to set up a new let
- Set one asking rent and put that exact figure in every written advert and offer.
- Do not ask for or accept rent until the tenancy agreement is signed.
- Work out one week's rent (annual rent ÷ 52) and keep the holding deposit and tenancy deposit within the caps.
- Between signing and the start date, ask for no more than one month's rent, or 28 days' if rent is not monthly.
- Protect the deposit within 30 days and give the prescribed information.
Pets do not change the deposit cap, as explained in can a tenant have a pet?, and later rises go through the process in how to increase the rent.
Rent counts towards Making Tax Digital for Income Tax; the free MTD check shows whether it applies to you, and the landlord section has more guides.
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Questions people ask
Can I ask for six months' rent up front if the tenant has a poor credit history?
No. Since 1 May 2026 you cannot take rent before the tenancy agreement is signed, and between signing and the start date you can usually only ask for one month's rent, or 28 days' if rent is not paid monthly.
What if the tenant offers to pay several months in advance?
You still cannot accept rent before the agreement is signed, even if the tenant offered it. Once the tenancy has started, GOV.UK says the tenant can choose to pay rent early, but you cannot make them.
What is the fine for taking too much rent in advance?
The council can order the money to be repaid and impose a financial penalty of up to £5,000 under the Tenant Fees Act 2019.
Can I take offers above the advertised rent if the tenant volunteers them?
No. Accepting an offer above the rent stated in your written advert or offer is rental bidding, and GOV.UK says you may be fined up to £7,000 for a first breach.
Is the holding deposit on top of the one month's rent?
A holding deposit of up to one week's rent is a separate permitted payment. The Act notes that a holding deposit can be used to pay the first rent due before the tenancy starts.
Sources
- Assured periodic tenancies: a guide for landlords, Rent in advance and deposits (GOV.UK)
- Assured periodic tenancies: a guide for landlords, Rental bidding (GOV.UK)
- Guide to the Renters' Rights Act (GOV.UK)
- Renters' Rights Act 2025, section 8: prohibition of rent in advance after lease entered into (legislation.gov.uk)
- Renters' Rights Act 2025, section 9: prohibition of rent in advance before lease entered into (legislation.gov.uk)
- Renters' Rights Act 2025, section 56: requirement to state rent and to avoid rental bidding (legislation.gov.uk)
- Tenant Fees Act 2019, Schedule 1: permitted payments (legislation.gov.uk)
- Tenant Fees Act 2019, section 8: financial penalties (legislation.gov.uk)
- Deposit protection schemes and landlords (GOV.UK)
- Assured periodic tenancies: a guide for landlords, Rent and other payments (GOV.UK)
- The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026, SI 2026/421 (legislation.gov.uk)
This is general information to help you understand the rules. It isn't tailored to your circumstances, so check your own position before acting on it.
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