Can My Landlord Ask for More Than One Month's Rent Upfront?

If a landlord or letting agent asks you to pay more than one month's rent upfront before you move in, they are usually breaking the law. The Tenant Fees Act 2019 sets a clear cap on what tenants can be asked to pay in advance. This has been the rule since 2019, and the Renters Rights Act 2025 did not change it.

Here is what the law says, what you can do if you are asked to pay more, and how to get your money back if you already paid it.

What the law says about upfront rent payments

Under the Tenant Fees Act 2019, a landlord or letting agent in England cannot require a tenant to pay more than one month's rent in advance. This cap applies to the total amount of rent demanded before the tenancy starts. If your monthly rent is £900, the most you can be required to pay upfront is £900.

This is different from a holding deposit, which is capped at one week's rent, and a tenancy deposit, which is capped at five weeks' rent for most properties. The upfront rent cap is separate. A landlord who asks for two months' rent, six months' rent, or a full year's rent upfront is asking for an illegal payment.

What counts as an illegal payment

Any demand for more than one month's rent upfront is an illegal payment under the Tenant Fees Act 2019. This includes:

• asking for two or more months' rent in advance;
• asking for a full year of rent upfront;
• framing a large upfront payment as a "rent top-up" or "security against risk";
• requiring extra rent because you receive housing benefit or Universal Credit;
• adding a rent premium to the first month's payment.

If you are asked to pay more than one month, the payment is a prohibited tenant fee. It does not matter whether the landlord calls it rent, a deposit, an administration charge, or something else. The label does not change the law.

What to do if you have already paid more than one month upfront

If you have already paid more than one month's rent upfront, the illegal payment must be refunded. You can write to the landlord or agent and ask for the excess back. Keep a record of what you paid, when you paid it, and what it was called.

If the landlord or agent refuses to return the money, you can report them to your local council's trading standards team. Trading standards can investigate and may fine the landlord or agent up to £5,000 for a first offence. Repeat offences can lead to a criminal prosecution and an unlimited fine.

You may also be able to recover the money through the First-tier Tribunal or the county court. Get advice from Shelter, Citizens Advice, or a housing solicitor before starting a claim.

Can a landlord refuse to rent to you if you won't pay more upfront

A landlord cannot refuse to rent to you because you will not pay an illegal fee. If they do, they are acting unlawfully. They also cannot refuse to rent to you because you receive housing benefit or Universal Credit. Refusing a tenancy for that reason is likely discrimination under the Equality Act 2010. You can read more about this in our guide to being refused a tenancy because of housing benefit.

A landlord is allowed to refuse you for a lawful reason, such as a failed reference check or a genuine affordability concern. But affordability checks must be based on your actual income and outgoings, not on the fact that part of your rent comes from benefits. If a landlord insists on several months' rent upfront because you are on benefits, that is discrimination and an illegal fee rolled into one.

How this interacts with the Renters Rights Act 2025

The Renters Rights Act 2025 made big changes to tenancies, evictions, rent increases, and the landlord database, but it did not change the upfront rent cap. The Tenant Fees Act 2019 still says that no more than one month's rent can be demanded in advance.

The Renters Rights Act 2025 does add other protections. For example, landlords must now give tenants the Renters Rights Act Information Sheet 2026, which explains the new rules. Tenancies are now periodic, and Section 21 no-fault evictions have been abolished. But the cap on upfront rent stays the same. A landlord who tries to use the new Act to justify higher upfront payments is wrong.

What to do if a letting agent is asking for illegal fees

Letting agents are covered by the same rules as landlords. They cannot ask for more than one month's rent upfront, and they cannot charge admin fees, check-in fees, or reference fees. If an agent asks for any of these, the payment is illegal.

Start by challenging the fee in writing. Quote the Tenant Fees Act 2019 and ask for a breakdown of what you are being asked to pay. If any part is more than one month's rent, state clearly that it is a prohibited payment. Keep copies of all emails and messages.

If the agent refuses to back down, report them to trading standards. You can also report them to the Property Redress Scheme or The Property Ombudsman if they are a member. Agents who break the rules can face fines and lose their membership of redress schemes.

If you are being asked to pay illegal fees and want to know what to do next, get a free answer at rentingrights.co.uk, no account needed.

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Disclaimer: RentingRights provides legal information only, not legal advice. This information reflects the law in England as of May 2026 and is sourced from GOV.UK under the Open Government Licence v3.0. Laws and guidance change, so always verify against current GOV.UK guidance before taking action. We are an independent service operated by Olivian Group Ltd and are not affiliated with or endorsed by the government. For advice on your specific situation, consult a qualified housing solicitor or contact Shelter on 0808 800 4444.

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