Landlord guides

The rent in advance ban: who it protects, who it shuts out, and what still works

Last updated 26 October 2026

Since 1 May 2026, landlords and letting agents in England can no longer take several months' rent up front. The rule was brought in by the Renters' Rights Act 2025 to protect tenants. Six months on, some of the tenants it was meant to help are finding it harder to rent a home. This guide explains what the rules say, why the ban is causing problems, and how good tenants and careful landlords can still reach a safe yes.

What the rules say

• No rent can be taken before both the landlord and the tenant have signed the tenancy agreement.
• Once it is signed, the most that can be collected before the tenancy starts is the first month's rent.
• Rent cannot be payable more than one month at a time, so a clause asking for a quarter or six months in one payment is not allowed.
• A landlord or agent must not ask for, encourage or accept a larger upfront payment, even if the tenant offers it. A guarantor cannot pay it on the tenant's behalf either.
• Holding deposits (up to one week's rent) and security deposits (up to five weeks' rent for most homes) are separate and still allowed.

Councils can issue civil penalties for breaches, and both landlords and agents can be held responsible.

Why the ban was introduced

Before the Act, some tenants were asked for six or even twelve months' rent before they could move in, often as a condition of being offered the home at all. For most renters that was impossible, and it gave an advantage to whoever could pay the most up front. Limiting rent in advance to one month was meant to stop that and put applicants on a more equal footing.

That aim is fair. The difficulty is what the ban took away at the same time.

Who it is shutting out

For many tenants, offering rent in advance was not a demand from the landlord. It was their own choice, and often their best way of showing they were a safe tenant. That included:

• self employed people and company directors whose income does not fit a standard referencing check;
• people who have just moved to the UK and have no UK credit history;
• international students;
• people rebuilding their finances after a past problem, who now have savings but a weak credit score.

In October 2026, the trade publication The Negotiator reported senior figures at two of the UK's largest letting groups saying the ban is pushing some of these tenants out of renting. One example was a nurse with three children who had always paid her rent on time and had a year's rent saved, but could not use those savings to secure a new home.

Why it bites harder now

The ban arrived at the same moment as the end of section 21. Every tenancy is now periodic, and a landlord can only recover a property using a legal reason, with the courts as the final step. When a tenancy goes wrong, it takes longer and costs more to resolve. Landlords have responded the way anyone would when the cost of a mistake goes up: they have become more careful about who they accept.

So at the very point landlords want more reassurance, the tenants who most need to give it have lost one of the clearest ways to do so.

Our view

We support the aim of the Renters' Rights Act, and much of it is good for tenants and responsible landlords alike. But the rent in advance ban is a clear case of a rule designed without enough thought for its consequences. It removed a choice that tenants with thin or damaged credit made for themselves, and gave them nothing to replace it. A tenant with a year's rent in the bank is not a high risk tenant, and the rules should allow them to show it.

We would like to see the government review the ban, for example by allowing tenants to choose to pay more in advance once the tenancy is signed, with that money protected in the same way as a deposit. Until then, the answer is to assess applicants properly rather than rely on a single credit score.

What still works

A weak credit score does not have to mean no. These are the routes that still give a landlord genuine reassurance within the law.

• A guarantor. A UK based person, usually a family member, who agrees in writing to pay the rent if the tenant cannot, and who passes their own affordability checks. For many landlords this is the strongest reassurance available.
• A guarantor service. For tenants without a suitable guarantor, there are companies that act as one for a fee, paid by the tenant.
• Evidence of savings. Bank statements showing savings can be used as evidence of affordability, alongside or instead of income. The savings stay in the tenant's account; they simply show the rent can be paid.
• Strong references. A good reference from a previous landlord or agent, showing rent was always paid on time and the home was looked after, often counts for more than a credit score.
• Rent guarantee insurance. Landlords can insure against unpaid rent and the cost of recovering possession. Insurers set their own referencing standards, so check the policy before you agree a tenancy.

What a landlord must not do is refuse an applicant simply because they have children or receive benefits. Since 1 May 2026, blanket bans of that kind are unlawful. Every applicant should be assessed on their own circumstances, and a landlord can still decline a tenancy where the referencing and affordability checks are not met. Our guide to the Renters' Rights Act explains the wider changes.

How we help

MSJ Estates references every applicant thoroughly and looks at the full picture, not just a credit score. Where an applicant does not meet standard checks, we look at guarantors, savings and previous landlord references, and explain the options to you clearly so the decision is yours. Every step is recorded in writing. Find out more about our full management service, or if you are looking for a home, see our properties to rent.