How the rent in advance cap protects you when moving to a new home
Key points
- Since 1 May 2026, your landlord can only ask for up to 1 month's rent in advance once you have both signed the tenancy agreement — not the 3 or 6 months some landlords used to demand
- A landlord cannot ask for any money before both parties have signed the tenancy agreement, so you should never pay rent before you hold a signed copy
- If a landlord asks for more than the legal maximum, you can say no and get free support from Citizens Advice or Shelter
If you are looking for a private rented home, you may have been asked to pay several months' rent upfront. This was common, especially for people paying rent through Universal Credit (UC) or Housing Benefit.
Since 1 May 2026, this has changed. Under the Renters' Rights Act, your landlord can only ask you for 1 month's rent in advance. No more, even if they say it has always been done this way.
What the new rule says
Once you and your landlord have both signed your tenancy agreement, the maximum a landlord can ask for in advance is:
- 1 month's rent, if you pay rent monthly
- 28 days' rent, if your rent period is shorter than a month
Your tenancy deposit is separate and is subject to its own rules.
There is also a rule about what happens before you sign. A landlord cannot ask for, encourage, or accept any rent payment before both you and your landlord or letting agent have signed the tenancy agreement. This means you should not pay anything until you hold a signed copy of the agreement.
Why this matters for people on UC or Housing Benefit
In the past, some landlords asked people on UC or Housing Benefit for 3, 4, or even 6 months' rent upfront. They did this because UC pays rent a month in arrears — the payment comes after rent is due, not before.
This made it very hard for people on benefits to find a private rented home. It could mean finding thousands of pounds before you could even move in.
The new cap means your landlord can only ask for 1 month's rent after you have signed. If they ask for more, this is against the law.
Search for your next property on DSSmove →What to do if a landlord asks for too much
If you are asked for more than 1 month's rent in advance, you can:
- Say no. The cap is the law. You do not have to agree to pay more.
- Get free advice. Citizens Advice or Shelter can explain your rights and support you.
- Report it to your council. Your local council has the power to investigate landlords who break this rule.
You do not need to deal with this on your own. Citizens Advice and Shelter both offer free help.
Getting help with your first month's rent
Even 1 month's rent can be hard to find if you are starting from scratch. If you are on UC, you may be able to get a Budgeting Advance — a loan to help with moving costs, including your first month's rent in advance. Ask your work coach or check your UC journal for details.
Your council may also be able to help through a Discretionary Housing Payment or a payment from the Crisis and Resilience Fund.
Frequently asked questions
What if my landlord asks me for more than 1 month's rent in advance?
You are not required to pay it. Contact Citizens Advice or Shelter — they can advise you on your options, including how to report the landlord to your local council, which can investigate and take action.
Does this rent in advance cap apply in Scotland and Wales?
The Renters' Rights Act cap applies to private renters in England only. Scotland and Wales have separate housing law. Contact Citizens Advice Scotland, Shelter Scotland, or Shelter Cymru for guidance on the rules that apply to you.
Official source: https://www.gov.uk/guidance/renters-rights-act-overview-for-tenants