Advance Rent Rules for Renters in England: Your Guide

If you’re about to rent a home in England, your landlord or letting agent might ask you to pay advance rent before moving in. Understanding exactly what advance rent is—and your legal rights surrounding it—can help you avoid surprises, dispute unfair practices, and protect your finances. This guide breaks down the official advance rent rules in England for private renters, using plain language and current legislation.

What Is Advance Rent?

Advance rent is a payment you make before your tenancy starts, usually covering your first rental period. It is not the same as your deposit. Most commonly, landlords ask for one month of rent in advance, but in some cases, more can be requested.

Your Legal Rights: Advance Rent Limits and the Law

Advance rent limits in England are set by the Tenant Fees Act 2019^[1]. This law covers what payments landlords and letting agents can—and cannot—ask for at the start of a tenancy.

• The maximum security deposit a landlord can request is usually up to 5 weeks' rent (or 6 weeks for annual rent over £50,000).
• Landlords can still ask for advance rent, often one month, but may request more in limited situations (e.g., if you have no UK guarantor or limited credit history).
• Advance rent must be clearly stated and agreed before you sign any tenancy agreement.
• Advance rent should only cover future rent payments, never hidden fees or extra charges.

Advance Rent vs. Holding Deposits

Advance rent is separate from a holding deposit, which is money you pay to reserve a property before signing. The holding deposit is usually capped at one week’s rent and has separate rules under the Tenant Fees Act.

Official Forms and How to Use Them

Several standard forms may apply when dealing with advance rent, deposits, or rent disputes in England:

• Form 6A – Section 21 Notice
  Form 6A (Notice seeking possession: Assured Shorthold Tenancy)
  When/How Used: If you have disputes with your landlord over payments or eviction, the landlord may serve this notice to regain possession. For example, if you cannot pay the advance rent, a landlord might (after the fixed term) issue this notice.
• Deposit Protection Prescribed Information (Form PI)
  Prescribed Information Requirements
  When/How Used: Landlords must give you full details of your secured deposit (not advance rent) within 30 days of taking it. For renters, check you receive this; if not, you may have grounds to challenge your landlord.
• Rent Repayment Order Application (Form RRO1)
  Apply for a Rent Repayment Order
  When/How Used: If your landlord charges unlawful advance rent or fees, you can apply to the tribunal for a rent repayment order using this form. For example, if you paid extra months’ rent up front without fair reason.

In every case, always keep a record of what you pay, when, and why you paid it. Require receipts and keep emails or written agreements.

If You Are Asked for More Than One Month's Advance Rent

While many landlords ask for only a month’s advance rent, some may request multiple months up front. This may technically be legal, but you cannot be asked for both a higher deposit and excessive advance rent purely to avoid the deposit cap.

• Ensure any request for extra months is justified and made clear in writing.
• If you can’t afford the request, discuss alternatives, such as a guarantor.
• Remember, rent must always be used for rent—never as a disguised extra fee.

What If You’ve Paid Advance Rent and Need to Move Out?

Advance rent is just that—a payment for the upcoming rental period. If your tenancy ends before the period covered by your advance payment, you should get a refund for any days you did not stay, unless your tenancy agreement clearly says otherwise. Landlords cannot 'keep' unused advance rent.

How to Challenge Unfair Advance Rent Requests

If you believe a landlord or agent is charging illegal advance rent, you can:

• Complain to your local council (usually the private sector housing or tenancy relations team).
• Apply for a Rent Repayment Order through the First-tier Tribunal (Property Chamber)—the official body for tenancy disputes in England.
• Seek advice from recognised tenant advocacy services.

Taking action quickly is important. Detailed records, bank statements and written communication can support your case.

FAQ: Advance Rent Rules in England

1. Can my landlord ask for both advance rent and a security deposit?
   Yes, but the deposit must not exceed the legal cap (usually 5 weeks’ rent) and advance rent must be for a rent period only, not to cover extra fees.
2. Is there a limit to how much advance rent a landlord can ask for?
   There is no strict legal cap, but requests must be genuine and can’t be used to avoid the deposit limit or charge hidden fees. Excessive demands could be challenged.
3. What happens if I need to leave before my advance rent runs out?
   If you’ve overpaid, landlords should refund you for unused days, unless your agreement clearly states otherwise.
4. What should I do if I think my landlord has charged me unlawful advance rent?
   Gather evidence, contact your local council or apply to the First-tier Tribunal (Property Chamber) for help. You may be able to reclaim the money.
5. Is advance rent protected in a tenancy deposit scheme?
   No, only security deposits are protected. Advance rent is just rent paid early, so keep your own records and receipts.

Need Help? Resources for Renters

• Gov.uk: Private Renting Guide
• GOV.UK: Tenancy Deposit Protection
• How to Rent: Official Checklist for Renters
• Rent Repayment Orders—Official Guidance
• Find Your Local Council: Housing Complaints
• First-tier Tribunal (Property Chamber)—the tribunal that handles residential tenancy disputes in England.

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1. Tenant Fees Act 2019
2. Housing Act 1988
3. Form 6A - Notice seeking possession
4. Rent Repayment Orders - First-tier Tribunal
5. Deposit Protection Requirements

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