Assured periodic tenancies: a guide for tenants
Rent in advance and deposits
A landlord or letting agent must not accept, ask for or encourage you to pay rent before you both sign the tenancy agreement. This is called asking for ‘rent in advance’.
You can make a complaint if a landlord or letting agent asks to pay rent in advance.
Paying a deposit
Before a tenancy agreement is signed, the landlord or letting agent can ask you for the following deposits:
- a holding deposit (this can be up to one week’s rent), to reserve the property while they carry out checks
- a tenancy or security deposit before the tenancy agreement is signed
The maximum tenancy or security deposit they can ask for is:
- up to 5 weeks’ rent if the rent for the year is less than £50,000
- up to 6 weeks’ rent if the rent for the year is £50,000 or more
The landlord or letting agent must keep your deposit safe using a government-approved tenancy deposit protection scheme.
Before the tenancy starts (the ‘pre-tenancy period’)
The period of time after the tenancy agreement has been signed and before the tenancy starts is known as the ‘pre-tenancy period’. During this period, your landlord or letting agent can ask you to pay some rent before you move in.
If you’ll be paying rent monthly, the maximum amount the landlord can usually ask for is one month’s rent.
If you’ll be paying rent weekly, the maximum amount the landlord can usually ask for is 28 days’ rent.
When you can be asked to pay more rent
The landlord or letting agent can ask you for more than one month or 28 days rent in advance if:
- the tenancy was agreed by the local council because you were legally homeless
- the property will be let as either social or supported housing
How to complain if you’ve been asked for rent in advance
Contact the local council where the property is located if you are asked to pay more than you need to.
They will ask you for information about your situation and details of the landlord so that they can investigate.
You should keep any evidence you have in case you’re asked for more details.
Evidence can include:
- payment of rent in advance
- the landlord or letting agent encouraging or accepting rent in advance, such as text messages, voicemails, or emails
Evidence should be time stamped or dated if possible.
You can still make a complaint if you:
- did not agree to pay rent in advance
- offered to pay rent in advance which the landlord or letting agent then accepted
- have already moved in
If the local council finds that the landlord or someone acting on their behalf has illegally asked you to pay rent in advance, they can ask the landlord to repay you the money.
If you do not want to speak to the local council
Make a complaint to the letting agent or property manager. If you cannot resolve it with them, complain to their redress scheme.
All letting agents must belong to a redress scheme. Redress schemes can help support you with a complaint. Check which redress scheme the letting agent belongs to by checking the redress scheme websites:
You can also ask the letting agent which scheme they belong to.