From 01 May 2026, landlords will only be able to ask for rent in advance after the tenancy agreement has been ‘entered into’ (i.e. signed by all parties). This can be before the tenancy start date.
- If the tenant will be paying rent monthly, the maximum amount you can ask for is one month’s rent.
- If the tenant will not be paying monthly (i.e. paying weekly or fortnightly), the maximum you can ask for is 28 days’ rent.
Before You and Your Tenant Sign the Tenancy Agreement
You must not accept, request, or encourage rent payments before the agreement is signed by all parties.
Landlords will still be able to ask for the following deposits before the tenancy is signed:
- Holding deposit – up to one week’s rent, to reserve the property while checks are carried out
- Tenancy/security deposit
The maximum tenancy/security deposit you can request is:
- Up to 5 weeks’ rent if annual rent is under £50,000
- Up to 6 weeks’ rent if annual rent is £50,000 or more
You must protect the tenant’s deposit in a government‑approved tenancy deposit scheme.
After the tenancy agreement has been entered into, you may ask for rent in advance before the tenancy begins.
Before the Tenancy Starts (the ‘Pre‑Tenancy Period’)
The pre‑tenancy period is the time between signing the contract and the tenancy start date.
- If the tenant will be paying rent monthly, you may ask them to pay the first month’s rent at any time during this period.
- If the tenant will be paying weekly/fortnightly, you may ask them to pay up to the first 28 days’ rent at any time during this period.
When the Tenancy Starts
The tenant should pay rent on the date stated in the tenancy agreement. This could be weekly, fortnightly or monthly (e.g. every Monday, every other Monday, or the last working day of each month).
Note – An example. If you take the first month’s rent before the tenant moves in, their next payment will not be due until the start of month two of the tenancy.
You cannot include any terms in the tenancy agreement requiring the tenant to pay rent in advance that is any more than the amount of one rental period – up to a maximum of one month.
Once the tenancy has started, tenants may choose to pay rent early in any amount they wish.
If Someone Reports You
Your local council will be able to investigate if you or your letting agent are reported for asking for rent in advance before the tenancy agreement was signed.
You or your agent may still be reported even if the tenant:
- refused to pay rent in advance despite being asked, invited, or encouraged
- offered to pay rent in advance and you accepted
- has already moved in
In Summary
Use the SWLA Assured Periodic Tenancy agreement. We have made the rules clear in the agreement so by using it, you should avoid any pitfalls.