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Guides › Rent and Deposits › Landlord Asking for Rent in Advance

Landlord Asking for Rent in Advance

In England, a landlord or agent must not accept, ask for or encourage rent before you both sign the tenancy agreement. Between signing and moving in they usually cannot ask for more than one month's rent (28 days for weekly rent). A holding deposit is capped at one week's rent and a security deposit at 5 weeks (6 weeks if annual rent is £50,000 or more).

Rules checked against the official sources listed below General information, not legal advice

At A Glance

1 monthmost rent in advance
1 weekholding deposit cap
5 weekssecurity deposit cap

Your Rights

What the rules say, with a link to the official source for each.

What They Can Ask For

  • Rent in Advance

    Rent must not be requested or accepted before you both sign. After signing and before the tenancy starts, usually no more than one month's rent for monthly rent, or 28 days for weekly rent. The exceptions are where the council agreed the tenancy because you were legally homeless, or the home is social or supported housing. source

  • Deposits

    A holding deposit can be up to one week's rent. A security deposit can be up to 5 weeks' rent if annual rent is under £50,000, or 6 weeks if it is £50,000 or more, and must be protected in a government-approved scheme. source

If They Ask for More

  • Council

    Contact the council where the property is. Keep payment records, texts, voicemails or emails, ideally dated. You can still complain if you agreed, offered to pay and they accepted, or have already moved in. If the council finds illegal rent in advance it can ask the landlord to repay you. source

  • Agent Redress

    You can instead complain to the letting agent or property manager, then use their redress scheme. All letting agents must belong to one: The Property Ombudsman or the Property Redress Scheme. source

  • Penalties

    Landlords and agents cannot require more than one month's rent before the tenancy starts. Councils can order repayment and impose civil penalties of up to £5,000. source

Time Limits to Know

Miss a deadline and you can lose a right. Check the dates on your own paperwork.

  • 1 month
    Most rent in advance before the tenancy startsEngland

Steps to Take

Step 1 of 5

Do not pay rent before you have both signed.

Step 2 of 5

Keep proof of anything you paid and who asked for it.

Step 3 of 5

Ask in writing for the extra amount back.

Step 4 of 5

Report it to the council, or complain to the agent and their redress scheme.

Step 5 of 5

Check the deposit is protected once the tenancy starts.

(Tap the numbers to reveal steps)

Where to Go If It Is Not Put Right

Your options, in order, and when each one applies.

Your Local Council

Housing or environmental health team. It can act on landlord breaches.

The Property Ombudsman or Property Redress Scheme

For complaints about a letting agent.

Shelter England

Free advice on deposit claims and eviction notices.

Citizens Advice

Free advice on any renting problem.

Good to Know

Small things that make your complaint stronger.

Scotland, Wales and Northern Ireland have different rules for renting.

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Luke Marley

Lead reviewer

Luke Marley

Founder and Lead Reviewer

Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.

Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.

Last checked: 14 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.

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