The Renters' Rights Act 2025 (England) lands on 1 May 2026 and one of its less-discussed clauses bites hard: landlords can no longer require more than one month's rent in advance on new tenancies. Whether your existing arrangements survive depends almost entirely on how your tenancy agreement is worded.
This is a compliance issue. Treat it like one.
What the Law Actually Says
Section 8 of the Renters' Rights Act 2025 inserts Section 4B into the Housing Act 1988. The new section states that any clause in an assured tenancy "provide[ing] for when rent is due are of no effect so far as they provide for rent to be due in advance" - meaning clauses requiring multiple months upfront on new tenancies will be unenforceable from 1 May 2026.
There is a saving provision. According to The Independent Landlord (April 2026), existing tenancies that contain a written, express obligation to pay rent in advance are exempt. If your agreement says - in clear terms - that rent of six or twelve months is payable in advance, that obligation remains enforceable for the life of that tenancy.
The word "existing" matters here. On 1 May 2026, every AST (assured shorthold tenancy) in England automatically converts to an APT (assured periodic tenancy) with no fixed term. There is no phasing period and no opportunity to run a fixed term to its natural end, according to River LPM's legal analysis (April 2026). The conversion is immediate and universal.
Why Wording Ambiguity Is the Real Risk
Here is where many landlords will get caught out. The saving provision for existing rent-in-advance arrangements only works if the tenancy agreement contains a clear, express clause to that effect.
Consider what "ambiguous" looks like in practice: a clause that says rent is "payable monthly" with a separate informal arrangement to collect several months upfront. Or a template agreement that mentions advance payment only in a schedule, not the main body. Or language that is conditional - "rent may be collected in advance" rather than "rent shall be paid X months in advance on [date]".
Courts interpret tenancy agreements literally. If your clause does not spell out the obligation, it may not survive the transition. The guidance from The Independent Landlord (April 2026) is direct: the wording must be unambiguous for the exemption to apply.
What Changes on 1 May 2026 for New Tenancies
For any new tenancy signed on or after 1 May 2026, the rules are straightforward. According to GOV.UK guidance (April 2026), a landlord cannot ask for, encourage, or accept rent before the tenant has signed the tenancy agreement. Once signed, no more than one month's rent in advance can be required.
It is worth noting that tenants can still choose to pay ahead voluntarily. The prohibition is on landlords demanding or requiring advance payment - not on tenants offering it. That distinction matters if you manage higher-value properties where tenants sometimes prefer to pay quarterly.
Also worth flagging: landlords with existing tenancies must send tenants the Renters' Rights Act 2025 Information Sheet by 31 May 2026. According to GOV.UK (April 2026), failure to provide it carries a fine of up to £7,000.
Check your licence - and now, check your tenancy wording. Both are compliance obligations. Neither is optional.
