Can landlords still take rent in advance in 2026?

Let’s dig into the details of these new rules.

The reason behind the changes

On the 1st of May 2026, the first phase of the Renters’ Rights Act was implemented, including a revised approach to rent in advance. This formed part of the government’s efforts to give tenants better protections and – more specifically – to limit how much money families need to pay upfront to secure a home.

According to the government, rent in advance is an unfair practice that can ‘encourage prospective tenants to stretch their finances to the limit, preventing them from moving within or accessing the sector altogether.’

In reaction, industry experts have argued that this will cause problems. Often, landlords charge rent in advance to protect their finances – for example, if a tenant has a bad credit history or has moved from overseas. It gives them more confidence to accept a tenant, knowing they have money in the bank to cover any missed rent payments.

Most likely, the new system will negatively impact landlords’ cash flow and finances. But it should also bring benefits. By following a clear and standardised system for rental payments, everyone will know where they stand, reducing complaints and conflicts.

The new rules for rent in advance

Here’s how the system now works for assured tenancies in England’s private rented sector. Landlords:

• Can only ask for up to one month’s rent (or 28 days’ rent for tenancies with rental periods of less than one month) in advance
• Can’t add extra days to the first month to align calendar dates 
• Must wait until both parties have signed the written agreement to accept the payment
• Can’t enforce any terms in a tenancy agreement that call for rent to be paid before the agreed due date from then on

Tenants can still choose to pay before the date their rent is due, giving them flexibility for managing their finances. However, landlords cannot require them to do so as a condition of the tenancy.

Financial penalties

If landlords don’t follow these rules? Tenants can complain to the local authority, who have the power to require landlords to repay prohibited rent charges and to impose civil penalties of up to £5,000 for breaches. 

Rent guarantee insurance

Also known as rent protection insurance, this protects landlords from losing money if their tenants don’t pay the rent. It can also cover the legal fees associated with common landlord claims, including rent arrears.

Final thoughts

The Renters’ Rights Act has overhauled many aspects of rent – for example, it’s banned bidding wars, meaning landlords must now publish a fixed rent in the advert and not accept anything higher. If you have questions about this – or would like general advice – get in touch with your nearest Winkworth office and speak to an experienced member of the team.