How much rent can you take in advance? The new cap explained

Updated July 2026 · England · Not legal advice

Two separate rules, both new from 1 May 2026: nothing can be taken before the tenancy agreement is signed, and after signing, at most one month's rent before the tenancy starts.

Before signing: nothing at all

A landlord or agent cannot ask for, encourage, or accept any rent before the tenancy agreement is signed. This is one of the “anti-gaming” duties introduced alongside the wider tenancy reforms, aimed at practices that let a landlord effectively secure a tenant's commitment — and their money — before the tenancy is legally in place.

After signing: one month's rent, or 28 days' worth

Once the agreement is signed, the landlord may require at most one month's rent before the tenancy begins — or the equivalent of 28 days' rent for tenancies with a shorter rent period than monthly.

Monthly rentMaximum advance rent after signing
£1,200£1,200
£950£950

Both rules bite at the pre-tenancy stage, which is exactly where they're easiest to breach without noticing — a deposit paid, a first month taken, and a signature collected all within the same conversation. Check the order these happen in, not just the amounts.

What it doesn't cover

This is separate from the tenancy deposit cap (5 or 6 weeks' rent) and the holding deposit cap (1 week's rent). All three limits can apply to the same tenancy at different stages, and none of them substitute for the others.

Penalties

Breaches carry a civil penalty of up to £7,000 for an initial breach, rising to £40,000 for repeat or serious breaches — with a statutory starting point of £25,000 at that higher level.

Where this comes from

These duties are part of the Renters' Rights Act 2025, in force since 1 May 2026, and are covered in the government's guidance collection.

Built into LettingsHQ

Advance rent is checked automatically against the one-month cap as soon as it's entered, and rent taken before signing is flagged as a standalone breach, separate from the amount check.

See how it works