Asking for multiple months' rent in advance has been a common practice among landlords, particularly when a tenant has a thin credit history, is self-employed, or is relocating from abroad. Under the Renters' Rights Act 2025 (c. 26), this practice is effectively banned. From 1 May 2026, there are strict limits on how much rent you can require upfront, and breaching these limits carries penalties.
The New Limit: One Month Maximum
The RRA caps rent in advance at a maximum of one month's rent. You cannot ask a tenant to pay two, three, or six months' rent upfront as a condition of granting the tenancy. This applies regardless of the circumstances. It does not matter if the tenant has no UK credit history, is a student, is self-employed, or has any other characteristic that might previously have prompted a request for additional rent in advance.
Even If the Tenant Offers
This is the part that surprises many landlords. Under the RRA, the one-month cap applies even if the tenant voluntarily offers to pay more. You might have a prospective tenant who wants to pay six months upfront to secure the property or because it suits their cash flow. Under the new law, you cannot accept more than one month's rent in advance. The prohibition is on the landlord requiring or accepting the payment, not just on the landlord requesting it. This is a deliberate policy choice designed to prevent discrimination against tenants who cannot afford large upfront payments.
Separate from the Deposit
The rent-in-advance cap is entirely separate from the rules on tenancy deposits. Under the Tenant Fees Act 2019, which continues to apply under the RRA, the maximum deposit is five weeks' rent where the annual rent is under 50,000 pounds, or six weeks' rent where it is 50,000 pounds or more. The deposit must be protected in a government-approved scheme. Use our Deposit Cap Calculator to check the exact maximum for your property. So at the start of a tenancy, the maximum you can collect is one month's rent in advance plus the deposit. These are two separate payments governed by two separate sets of rules.
Why the Change?
The government's rationale is that requiring large amounts of rent in advance creates a barrier to accessing private rented housing. Tenants who cannot raise several months' rent upfront are excluded from properties, even if they can comfortably afford the monthly rent. The policy is also intended to prevent landlords from using rent in advance as a way of selecting wealthier tenants or discriminating against those on lower incomes or housing benefit.
What Counts as Rent in Advance?
Rent in advance means any payment of rent that covers a period before the tenant has occupied the property for that period. In practical terms, if the tenant pays the first month's rent on the day they move in, that is one month's rent in advance and is within the limit. If you ask the tenant to pay for the first and second months on the day they move in, the second month's payment is additional rent in advance and would breach the cap. The rule is simple: one month is the maximum.
Penalties for Breach
Requiring or accepting rent in advance above the one-month cap is a breach of the Renters' Rights Act. Enforcement is handled by local councils, which have the power to require landlords to repay the prohibited payment and to impose a civil penalty of up to 5,000 pounds per breach. These are significant penalties, and they apply even if the tenant appeared willing to pay.
Practical Implications
If you have previously relied on multiple months' rent in advance to mitigate risk, you will need to find alternative approaches. Consider more thorough referencing, guarantor agreements, or rent guarantee insurance. These are all lawful ways to protect yourself against tenant default without breaching the rent-in-advance cap.
What About Holding Deposits?
A holding deposit is a pre-tenancy payment that a prospective tenant makes to reserve the property while referencing is carried out. It is capped at one week's rent under the Tenant Fees Act 2019. The holding deposit is entirely separate from rent in advance and is regulated under different legislation. Under the TFA 2019, a landlord can request a holding deposit of no more than one week's rent. This deposit must be refunded within 15 days if the tenancy does not proceed, subject to permitted deductions — for example, if the tenant provides false or misleading information, fails a Right to Rent check, or withdraws from the tenancy.
The key point is that a holding deposit and rent in advance are two distinct payments. The holding deposit is a pre-tenancy reservation payment governed by the Tenant Fees Act 2019. Rent in advance is the first rent payment, now capped at one month under the Renters' Rights Act 2025. You can lawfully ask for both — a holding deposit of up to one week's rent, and rent in advance of up to one month — provided you comply with the rules for each. The deposit cap under the TFA 2019 (five or six weeks depending on annual rent) is a third separate payment on top of these. Do not confuse the three.
Guarantors and Rent in Advance
A common question is whether having a guarantor changes the rent-in-advance cap. It does not. A guarantor is a third party who agrees to cover the tenant's rent obligations if the tenant defaults. The guarantor's liability is triggered by non-payment during the tenancy — it is a form of security, not a justification for collecting additional rent upfront.
Having a guarantor in place does not entitle the landlord to ask for more than one month's rent in advance. The one-month cap under the RRA applies regardless of whether a guarantor has been provided. The guarantor agreement is a separate arrangement that runs alongside the tenancy and provides the landlord with recourse if the tenant stops paying. It is an alternative to rent in advance, not an addition to it. If you are concerned about a tenant's ability to pay, a guarantor agreement is one of the most effective lawful protections available — but it does not change the upfront payment limits.
International Tenants and the New Rules
Before the Renters' Rights Act, it was common practice for landlords to ask international tenants with no UK credit history to pay six or more months' rent in advance. This was seen as a way to mitigate the risk of letting to someone whose financial background could not be verified through standard UK referencing. From 1 May 2026, this is no longer lawful. The one-month cap applies equally to all tenants, regardless of nationality, immigration status, or credit history.
This means landlords need alternative approaches for international tenants. Options include using a guarantor service, which provides a UK-based guarantor for tenants who cannot provide one themselves. Rent guarantee insurance is another option, covering the landlord against tenant default for a monthly or annual premium. More thorough referencing — including employer references, bank statements, and overseas credit checks where available — can also help assess risk. You can create your tenancy documents to include guarantor provisions that comply with the new rules. The key principle is that risk mitigation must come through lawful channels, not through demanding additional rent upfront.
Practical Examples
Here are three common scenarios landlords may encounter under the new rules.
Scenario 1: Tenant Offers to Pay Six Months Upfront
A prospective tenant wants to secure your property and offers to pay six months' rent in advance. Under the old rules, you could accept this. Under the RRA, you must decline. You can only accept a maximum of one month's rent in advance, regardless of the tenant's willingness to pay more. Accepting the additional five months would be a breach of the Act, and the excess would be recoverable by the tenant. You could also face a civil penalty of up to 5,000 pounds.
Scenario 2: Student Tenant with a Guarantor
You have a student tenant whose parents are willing to act as guarantors. You can accept one month's rent in advance plus a guarantor agreement signed by the parents. You cannot ask for additional months' rent in advance because a guarantor is involved. The guarantor agreement provides you with security — if the student stops paying rent, you can pursue the guarantors for the outstanding amount. This is a lawful and effective way to protect your position without breaching the rent-in-advance cap.
Scenario 3: International Tenant Relocating to the UK
An overseas professional is relocating to your area and has no UK credit history or references. Previously, you might have asked for six months upfront. Now, you should consider rent guarantee insurance, which covers you against default for a premium. Alternatively, a guarantor service can provide a UK-based guarantor for the tenant. You can also carry out more detailed referencing using the tenant's overseas employment records, bank statements, and visa documentation. These approaches are all lawful and can give you confidence in the tenancy without breaching the one-month cap.
Take Action
Use our Deposit Cap Calculator to check the maximum deposit and rent in advance you can collect. Read our complete deposit guide for a full breakdown of deposit rules under the current law. Generate your complete document pack for an RRA-compliant tenancy agreement that reflects the new rules. For a full overview, read 5 Things Every Landlord Must Do Before May 2026.