Rent in advance and rent bidding: what the Renters’ Rights Act allows
Since 1 May 2026 you cannot take rent before the tenancy agreement is signed, can take at most one month's rent before it starts, and cannot invite or accept offers above the rent you advertised.
In short: Since 1 May 2026 in England you cannot ask for or accept rent before the tenancy agreement is signed. Between signing and the start you can ask for one month's rent at most. You must state the rent in the advert and cannot invite, encourage or accept offers above it. A holding deposit stays capped at one week's rent.
Finding a tenantRent and rent increasesThe Renters’ Rights Act
England. Checked against the law on 5 October 2026. Information, not legal advice.
Rent in advance
For tenancy agreements signed on or after 1 May 2026, the Renters' Rights Act sets three rules:
- Before the agreement is signed, you cannot ask for or accept any rent.
- After signing and before the tenancy starts, you may ask for the first month's rent at most. If the rent is paid more often than monthly (weekly, for example), the limit is the first 28 days' rent.
- Once the tenancy has started, you cannot require rent to be paid before its due date. A term in the agreement that says otherwise cannot be enforced.
A tenant may still choose to pay early once the tenancy is running, and you may accept that. What you cannot do is make it a condition of the let. That means no more "six months up front" from a student, an overseas applicant or someone who has just started a job. If you want more security, a guarantor or referencing are the usual routes.
The council enforces these rules. It can order a prohibited payment to be repaid and impose a civil penalty of up to £5,000, more for a repeat breach.
Rent bidding
Every written advert must state the rent you are asking. After that:
- you cannot invite or encourage offers above it ("offers over", "best and final", "best bid");
- you cannot accept an offer above it, even one the tenant makes unprompted;
- you cannot publish another advert for the same let at a higher rent;
- you can accept less than you advertised.
If several people want the home, you choose between them on the advertised rent. The choice is yours, and it must not be based on whether someone receives benefits or has children: blanket bans on those groups are unlawful.
Councils can fine up to £7,000 for a breach of the bidding ban.
Holding deposits
A holding deposit, paid to take the home off the market while checks are done, is still allowed under the Tenant Fees Act 2019:
- at most one week's rent (the annual rent divided by 52);
- the deadline for agreement is the 15th day after you receive it, unless you both agree a different date in writing;
- you must repay it within seven days if the tenancy is agreed (or put it towards the first rent or the deposit, with the tenant's agreement), if you decide not to go ahead, or if the deadline passes;
- you may keep it only if the applicant gave false or misleading information, fails a right to rent check, pulls out, or does not take reasonable steps to agree the tenancy by the deadline. You must tell them why in writing within seven days.
The tenancy deposit
The cap is unchanged: five weeks' rent where the annual rent is under £50,000, six weeks above that. Protect it within 30 days.
Putting it together
A typical start now looks like this:
- Advertise with a clear rent.
- Take a holding deposit of one week's rent or less, if you want one.
- Do the right to rent check and any referencing.
- Give the written statement of terms, then sign.
- Take up to one month's rent and the deposit.
- Protect the deposit and give the prescribed information within 30 days.
LevelMoves can keep the deadline for agreement and the 30-day deposit deadline in your diary.
This guide is information about the law in England, not legal advice.
Where this comes from
Questions landlords ask
Can a landlord ask for 6 months rent in advance in 2026?
No, not for tenancies agreed from 1 May 2026 in England. Nothing before signing, and at most one month's rent between signing and the start. A tenant may choose to pay early during the tenancy, but it cannot be required.
Can I accept a higher offer than the advertised rent?
No. You must not invite, encourage or accept any offer above the advertised rent, even one the tenant makes without being asked. You may accept a lower rent.
How much can a holding deposit be?
At most one week's rent, worked out as the annual rent divided by 52. It must normally be repaid within seven days, or put towards the first rent or deposit with the tenant's agreement.
What can I do instead of taking rent in advance?
Ask for a guarantor, take references, or both. The deposit can be up to five weeks' rent where the annual rent is under £50,000, and must be protected within 30 days.
Read next
Guide
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In England you can raise the rent once every twelve months, by a section 13 notice on the prescribed form with two months' notice. Here is the procedure and what the tenant can do about it.
Guide
What changed for landlords on 1 May 2026
The Renters' Rights Act came into force in England on 1 May 2026. Section 21 is gone, every tenancy is now periodic, and rent rises follow one procedure. Here is what a self-managing landlord actually has to do differently.
Guide
Deposits: the cap, the 30 days and the prescribed information
A tenancy deposit in England is capped at five weeks' rent, must be protected in a government-approved scheme within 30 days, and the tenant must get the prescribed information. Miss any of that and you face a penalty of up to three times the deposit.
Guide
What to do when a tenant stops paying rent
Rent arrears in England: check the facts, talk early, agree a plan in writing and keep records. If it cannot be solved, possession is by section 8 notice and a court order only. Never change the locks.
Templates, terms and news on this
Glossary
Rent in advance
Rent paid before the tenancy starts. Since 1 May 2026 a landlord in England can take no more than one month's rent before the tenancy is entered into.
Glossary
Rental bidding ban
Since 1 May 2026 a landlord or agent in England must state the rent when advertising and cannot invite, encourage or accept offers above it.
Glossary
Section 13 notice
The only way to raise the rent on a private assured tenancy in England: a notice on Form 4A, at most once a year, with at least two months' notice.
Glossary
Client money protection (CMP)
Cover that repays landlords and tenants if an agent loses or misuses money it holds for them. Compulsory for agents in England that hold client money.
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