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Landlords · Originally published · Updated · 2 min read

Rent in advance in England: what to check before paying

Rent, a holding deposit and a tenancy deposit are different payments. Current rules limit when rent can be requested and how much can be collected before a tenancy starts.

Property Perpetuity editorial illustration for “Rent in advance in England: what to check before paying” — propertyperpetuity.com
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A request for several months of rent upfront can be a major obstacle when moving home. For an assured periodic tenancy in England, current guidance sets out limits on those requests. An old report about proposed reforms should not be used as a guide to the rules now in force.

Start with the agreement and payment date

GOV.UK says a landlord or agent must not ask for, encourage or accept rent before both parties have signed the agreement. After signing and before the tenancy starts, monthly arrangements normally allow no more than one month's rent in advance. For weekly arrangements, the limit is 28 days. Specific exceptions apply, including some council-arranged accommodation for legally homeless people and supported housing.

[Read the tenant guidance and exceptions](https://www.gov.uk/assured-periodic-tenancies-tenants/rent-in-advance-and-deposits).

Keep the deposits separate

The government's landlord guidance explains that a holding deposit reserves a property during checks and is capped at one week's rent per tenancy, not per applicant. A refundable tenancy deposit has a different purpose. The cap is five weeks where annual rent is below £50,000, or six weeks for annual rents between £50,000 and £100,000. A tenancy deposit must be protected in an approved scheme.

[Check permitted payments and deposit rules](https://www.gov.uk/guidance/fees-you-can-charge-as-part-of-a-tenancy).

Ask for a payment schedule

Before transferring money, request an itemised statement showing what each payment is for, when it is due and which period it covers. Keep the property advert, signed agreement, receipts and messages together. This makes it easier to spot a duplicated charge or a payment described differently in separate documents.

For example, an unexplained total labelled 'move-in costs' should prompt a request for a breakdown. A clear statement is useful to the agent as well as the tenant: it reduces the chance that a deposit and rent are confused later.

If you believe an advance-rent request breaks the rules, the tenant guidance explains how to report it to the council and what evidence to retain. Seek case-specific advice where the tenancy type or transitional position is unclear. This guide concerns England; do not assume the same rules apply elsewhere in the UK.

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