Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
The practice of requiring prospective tenants to pay several months’ rent in advance as a condition of securing a property has been widespread in parts of the English private rental market, particularly in London and other areas where demand significantly exceeds supply. From 1 May 2026, the Renters’ Rights Act 2025 prohibits this practice.
What the New Rule Requires
From 1 May 2026, a landlord cannot require or request that a prospective or existing tenant pays more than one month’s rent in advance at any one time. The prohibition applies even where the tenant offers to pay more than one month in advance voluntarily. It is not simply a case of landlords being prohibited from asking for advance rent above one month; they are also prohibited from accepting it if it is offered. In addition, no rent at all can be taken from a prospective tenant before the tenancy agreement has been signed.
Why This Practice Was Harmful
The practice of requiring multiple months’ rent upfront operated as an effective barrier to entry for many groups of prospective tenants. Those receiving Universal Credit or housing benefit typically do not have the capital to pay three, six, or twelve months’ rent in advance, regardless of their ability to meet their ongoing monthly obligations. Self-employed individuals with variable income often faced the same difficulty. The advance rent requirement therefore disadvantaged precisely the people who were already finding it hardest to compete in the rental market, and it did so in a way that was not directly linked to any genuine assessment of their suitability as tenants.
What Landlords Can Still Require
The prohibition on advance rent does not prevent landlords from conducting thorough and rigorous referencing. Credit checks, employment and income verification, references from previous landlords, proof of right to rent, and guarantor arrangements are all still permitted. The standard deposit of up to five weeks’ rent is also still permitted. A well-referenced tenant with a guarantor arrangement may in practice represent less financial risk than a poorly referenced tenant who has paid six months in advance.
Landlords Who Are Currently Taking Advance Rent
Where a tenant has paid advance rent under a tenancy entered into before 1 May 2026, that arrangement is not made unlawful retrospectively. However, from 1 May 2026 the tenancy converts to a periodic tenancy, and from that point no new demand for advance rent can be made. The advance rent already paid can be applied to successive monthly payments, but the landlord cannot require any further advance payment beyond one month at a time going forward.
Landlords across London and the South East who need advice on updating their letting processes and tenancy agreements to comply with the new rules should contact our housing law team. We offer a fixed fee initial consultation and are happy to review your existing documents.
Cramp & Mullaney LLP advises landlords and tenants across London and the South East on the Renters' Rights Act 2025 and all aspects of landlord and tenant law. If you would like to discuss your situation, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
