For many landlords, rent in advance has long been used to provide reassurance when agreeing a tenancy. In certain situations, it has offered additional confidence at the outset, particularly where greater certainty is required.
That position is now evolving.
The Renters’ Rights Act 2025 introduces a more defined approach to how and when rent can be requested. While the rules themselves are clear, their impact is practical. The emphasis is now on timing, consistency and how tenancies are handled from the very beginning.
These rules apply to assured periodic tenancies in England and do not apply retrospectively to agreements signed or payments made before the new provisions take effect.
Understanding where the rules now draw the line
Before a tenancy agreement is signed
The most significant change comes at the outset.
Before a tenancy agreement has been signed by both parties, landlords and agents cannot ask for, encourage or accept rent. This applies in all cases, including where a prospective tenant offers to pay early to secure the property.
For example, accepting several months’ rent before signing, even where offered, would fall outside the permitted approach.
If rent is taken before the agreement is formally in place, it falls outside the permitted framework.
Why timing now matters more than intent
This removes a degree of flexibility that has previously existed. What may once have been seen as a practical arrangement is now defined by clear boundaries.
For landlords, the priority is to complete the agreement first, and only then progress to rent.
What can be requested during the pre-tenancy period
Defined limits on initial rent
Once the tenancy agreement has been signed, there is a short window before the tenancy begins during which rent can be requested.
- If rent is paid monthly, up to one month’s rent can be requested
- If rent is paid more frequently, the limit is 28 days’ rent
These limits are fixed. They cannot be extended by agreement, and tenants can refuse if more is requested.
A more consistent approach
This replaces arrangements that may previously have varied depending on circumstances. Expectations are now applied more consistently across tenancies.
The position becomes even more defined once the tenancy has begun.
How rent must be handled once the tenancy begins
Payment must follow the agreed schedule
After the tenancy has started, rent becomes payable on the agreed due date set out in the tenancy agreement.
Landlords cannot require payment earlier than this date, regardless of what the agreement states.
Why can contract terms not override the rules?
Any clause that attempts to bring payments forward or require larger advance payments is not enforceable. The statutory position takes precedence over written terms.
This ensures that expectations remain aligned throughout the tenancy.
Related: Notice timing for rented homes: when sale or move-in notices can start and end
Reviewing tenancy agreements in light of the changes
Clauses that will no longer hold
Some agreements may include provisions requiring quarterly, termly or other larger payments in advance.
Under the new rules, these clauses do not carry legal effect, even if agreed by both parties.
Aligning documents with current legislation
This creates a clear need to review existing agreements. Documentation should reflect not only what is intended, but what can actually be enforced under the current framework.
The role of tenant choice in early payments
What tenants can still choose to do
Tenants are not prevented from paying rent early once the tenancy has started. Voluntary payments remain permitted.
What landlords must avoid
The distinction lies in how that payment arises. Landlords and agents must not require or encourage tenants to pay more than the permitted amount in advance.
Any decision to pay early must come entirely from the tenant.
This distinction is central to how the rules operate in practice.
Enforcement and accountability
The role of local councils
Local councils are responsible for enforcing these rules. They can investigate how rent has been requested, accepted or discussed during the tenancy process.
Financial consequences of getting it wrong
Penalties can be significant:
- Up to £5,000 for a first breach
- Up to £30,000 or prosecution for repeat breaches within five years
In addition, any rent taken unlawfully may need to be repaid.
This reflects a wider move towards greater accountability.
A more consistent approach to lettings
Moving towards clarity and structure
Taken together, these changes introduce a more consistent approach to how rent in advance is handled.
Rather than relying on informal arrangements, landlords are expected to follow clearly defined processes.
What this means in practice
This includes:
- Ensuring agreements are completed before rent is handled
- Keeping payment structures within defined limits
- Communicating clearly and consistently with tenants
For many landlords, this represents a refinement of existing practice rather than a complete change in approach.
Related: Tenant challenges and tribunals: What happens if your rent increase is disputed, and how to prepare
Looking ahead with clarity
The Renters’ Rights Act 2025 signals a shift towards greater clarity in how tenancies are agreed and managed.
For landlords, this is an opportunity to align processes with a more consistent approach, reducing ambiguity and ensuring compliance at every stage.
CJ Hole has long provided landlords with a professional and considered approach to lettings. If you would like to understand how these changes apply to your property or tenancy arrangements, your local CJ Hole branch can provide considered, practical guidance tailored to your circumstances.
