For many landlords, flexibility around rent payments has been part of how tenancies are agreed. Whether it is timing, structure, or amount, there has often been room to adapt arrangements to the situation.
That flexibility is now being reduced.
The Renters’ Rights Act 2025 introduces clear boundaries on when rent can be requested and how much can be taken before a tenancy begins. These are not minor adjustments. They change how landlords need to approach the early stages of a tenancy and how decisions are communicated.
The biggest risk sits before the tenancy even begins
One of the most important changes happens before the tenancy is in place.
Before a tenancy agreement has been signed by both parties, rent cannot be requested, encouraged or accepted. This applies in all cases, including where a tenant offers to pay early to secure the property.
This is where many landlords are most exposed. What may previously have been handled informally now falls within a strict framework. If rent is taken before the agreement is signed, it is a breach, regardless of intent.
The timing of the payment is now as important as the payment itself.
What changes once the agreement is signed
Once the tenancy agreement has been signed, there is a defined window before the tenancy starts during which rent can be requested. However, this is tightly controlled.
If rent is paid monthly, a landlord can request up to one month’s rent in advance during this period. If rent is paid more frequently, the limit is 28 days’ rent.
There is no scope to exceed these limits by agreement. If more is requested, tenants are entitled to refuse.
For landlords used to tailoring payment arrangements, this represents a clear shift. The amount is no longer negotiable. It is set by law.
Related: New Possession Rules from May 2026: What Landlords Need to Know – An Ellis & Co Guide
Why some tenancy agreements will need updating
Many existing tenancy agreements include clauses that require larger payments in advance. These may have been used to provide reassurance or manage perceived risk.
Under the new rules, those clauses will not hold.
Any requirement for quarterly payments, termly payments or other large lump sums in advance is unenforceable, even if both parties have agreed to it. This creates a gap between what is written in some agreements and what can actually be enforced.
Reviewing existing documents is not optional. It is a necessary step to ensure they reflect the current legal position.
Payment timing is fixed once the tenancy starts
After the tenancy begins, rent must be paid on the agreed-upon due date. It cannot be required earlier than that date, and it cannot be brought forward through contract terms.
This applies regardless of how the tenancy agreement is written. The statutory rules take priority.
In practice, landlords retain control over the agreed payment schedule, but not over accelerating or restructuring payments beyond that.
The difference between voluntary and expected payments
Tenants can still choose to pay rent early if they wish to do so. However, the way that decision is reached matters.
A landlord can accept early payment where it is genuinely initiated by the tenant. What cannot happen is any form of suggestion, encouragement or expectation.
If paying more or paying earlier is presented as beneficial, expected or helpful to the application, it risks crossing the line. The decision must sit entirely with the tenant.
This distinction is likely to be a key factor in how local councils assess compliance.
Enforcement will focus on behaviour
These rules are supported by enforcement powers, with local councils responsible for investigating breaches. This includes reviewing communications, payment records and any evidence provided by tenants.
The focus is not limited to what is written in agreements. It extends to how the process is handled in practice.
The financial consequences are significant. A first breach can lead to a civil penalty of up to £5,000. Repeat breaches within five years can lead to penalties of up to £30,000 or prosecution. Any rent taken unlawfully may also need to be repaid.
A more structured approach to managing risk
Taken together, these changes point towards a more structured and consistent approach to lettings.
Instead of relying on flexible payment arrangements, landlords will need to focus on robust referencing, clear affordability checks and well-defined processes. This reduces reliance on negotiation and places greater emphasis on consistency.
For many landlords, this represents a change in how decisions are made at the start of a tenancy.
What landlords should review now?
If your current process includes requesting rent before agreements are signed, relying on larger payments before move-in, or using flexibility around payment timing, it is likely to need updating.
The framework is now clearly defined, and enforcement sits with local councils. Waiting to adjust increases the risk of getting it wrong.
Ellis & Co works with landlords who want a clear, compliant approach to lettings without unnecessary complexity. If you are unsure whether your current process reflects the updated rules on rent in advance, it is worth reviewing it now. For practical guidance, speak to your local Ellis & Co branch.
