Rent in advance, deposits and guarantors under the Renters' Rights Act

In England, these Renters’ Rights Act rules amend the Housing Act 1988 assured-tenancy regime and do not operate in Wales, Scotland or Northern Ireland. The sharp change is that advance rent is now controlled before and after signing, while deposits and guarantors are treated differently.

How much rent in advance can a landlord take under the Renters' Rights Act?

A landlord can take no rent at all before the tenancy is entered into, and after signing can take only the initial rent for the first rent period, capped at one month or 28 days for shorter periods. That means the common shorthand “one month’s rent in advance” is incomplete: the Renters’ Rights Act advance rent cap is zero before the agreement is signed, then one rent period once the tenancy exists. The Act does this by making rent payable before the tenancy is entered into a prohibited payment, and by defining “initial rent” as rent for the first rent period or later periods ending within 28 days. This is a hard break from the pre-Act market, where six or twelve months upfront was a familiar workaround for affordability, student, overseas-income or guarantor concerns. Abodient can record the rent taken for each tenancy against the initial-rent cap, which matters now that even one rent period paid too early is a prohibited payment.

Has the Renters' Rights Act changed the deposit cap?

The Renters’ Rights Act has not changed the tenancy deposit cap: in England it remains five weeks’ rent where the annual rent is under £50,000, and six weeks’ rent where annual rent is £50,000 or more. The cap still comes from the Tenant Fees Act 2019, not from the Renters’ Rights Act deposit provisions, so a landlord cannot replace lost advance rent by taking a larger deposit. For most private tenancies, the practical ceiling is still five weeks because the six-week cap only applies at the £50,000 annual-rent threshold. Wales should not be treated as using this English cap through the Renters’ Rights Act: Wales has its own Renting Homes fees legislation, and Welsh occupation contracts do not sit inside the assured-tenancy regime that these Renters’ Rights Act provisions amend.

Can you still ask for a guarantor under the Renters' Rights Act?

Yes, a landlord can still ask for a guarantor under the Renters’ Rights Act, but the Act adds one important guarantor change: where the tenant was the sole occupant, the guarantor’s liability for rent ends from the tenant’s death. The Act does not introduce a general ban on guarantors, and government statements during the Bill’s passage described guarantors and professional guarantor products as continuing options where landlords are not satisfied after pre-tenancy checks. The market pressure behind guarantors is likely to increase, not fall, because the Act removes the old route of asking for several months’ rent upfront. That shift was already visible before commencement: one Generation Rent survey reported that 42% of recent movers had been asked for a guarantor, compared with 26% five years earlier.

Does the Renters' Rights Act set what a guarantor must earn or own?

No, the Renters’ Rights Act sets no minimum guarantor income, savings, home-ownership or asset requirement; guarantor affordability thresholds are market practice, not law. The Act’s guarantor rule is about liability after a sole tenant’s death, not about who qualifies as an acceptable guarantor at the start of a tenancy. In practice, referencing firms and landlords commonly use a tougher guarantor affordability test than the tenant test, often around 36 times the monthly rent, which is the same as three times the annual rent. Some providers also assess assets, savings or home ownership where income is short, but that is a commercial risk test rather than a statutory requirement. A landlord should therefore distinguish “our referencing policy requires this” from “the Renters’ Rights Act requires this,” because the Act does not set the figure.

Last reviewed August 2026.

Sources

• Renters’ Rights Act 2025 s.9, inserting Schedule 1 paragraph 1A into the Tenant Fees Act 2019 — “(a)it is payable before the tenancy is entered into, and” Source
• Renters’ Rights Act 2025 s.8, inserting s.4B into the Housing Act 1988 — ““initial rent” means rent that is payable for—” Source
• Renters’ Rights Act 2025 s.1, inserting s.4A into the Housing Act 1988 — “(a)a period of 28 days or shorter, or” Source
• Goodlord, “Rent in advance” — “This marks a clear break from the old system, where tenants could be asked for six months or even a year's rent upfront.” Source
• Tenant Fees Act 2019 Schedule 1 paragraph 2(3)(a) — “(a)the amount of five weeks’ rent, where the annual rent in respect of the tenancy immediately after its grant, renewal or continuance is less than £50,000, or” Source
• Cook Legal Solicitors, “Renters’ Rights Act tenancy deposit rules 2026” — “The Renters’ Rights Act has not changed these caps.” Source
• Renters’ Rights Act 2025 Explanatory Notes, paragraph 52 — “The Renting Homes (Fees, Discrimination etc.) (Wales) Act 2019 introduced similar measures in Wales.” Source
• Renters’ Rights Act 2025 s.19, inserting s.16N into the Housing Act 1988 — “the guarantee is of no effect if, or to the extent that, it guarantees payment of guaranteed rent for the period beginning with the death of that person.” Source
• The Independent Landlord, “Renters’ Rights Bill latest” — “If landlords are not satisfied with the outcome of pre-tenancy checks, there remain a number of options available, including requiring a tenant to provide a guarantor or the use of professional guarantor products.” Source
• LandlordZone, “Tenants report big rise in landlords asking for guarantors” — “It found that 42% of renters who moved in the past 12 months were asked to provide one, while five years ago the figure was 26%, and for those moving between a year and three years ago it was still only 33%.” Source
• Renters’ Rights Act 2025 Explanatory Notes, paragraph 190 — “It provides that where the deceased tenant was the sole occupant, the guarantor cannot be held liable for rent accrued on or after the tenant's death.” Source
• August, “Rent-to-income ratio” — “Guarantors are typically expected to meet a higher income threshold of 36 times the monthly rent, reflecting the additional financial risk they are absorbing by agreeing to cover the rent if the tenant defaults.” Source
• August, “Rent-to-income ratio” — “Guarantors who do not meet the income threshold may sometimes be assessed on assets, home ownership, or savings instead.” Source
• Latch, “Tenant affordability checks: landlord guide UK” — “The guarantor's income should typically meet 3x the annual rent on its own — not combined with the tenant's income.” Source