Government defends ban on rent in advance under Renters’ Rights Act

The government has defended its decision to ban landlords from requesting rent in advance under the Renters’ Rights Act, rejecting claims that the measure could exclude vulnerable tenants from the private rented sector.

In official guidance, ministers argue that large upfront rent payments can act as a significant barrier to renting, particularly for those trying to enter or move within the market. The government says the ban is intended to prevent tenants being pitted against one another through rental bidding or excessive upfront costs.

The guidance states that while some tenants currently use rent in advance to their advantage, prohibiting landlords from requesting it will protect more renters overall and reduce undue financial pressure at the start of a tenancy. Landlords are encouraged to consider individual tenant circumstances when negotiating rental terms.

However, industry bodies have warned of unintended consequences. Propertymark has raised particular concerns for students and international tenants, many of whom rely on paying rent in advance where they lack a UK guarantor. Representatives argue that banning the practice removes a tenant-led option and could restrict access to housing, particularly for less affluent students.

Under the new regime, landlords who request rent in advance could face fines of up to £7,000, with councils given enforcement powers. Exceptions remain limited, such as certain council-led homelessness placements.

Importantly, the government has clarified that while landlords will be prohibited from requiring rent to be paid before it falls due, tenants will still be free to pay rent early if they choose to do so. The restriction applies to mandatory tenancy terms, not voluntary payments.

The debate highlights the growing tension between tenant protection measures and concerns about flexibility and access within the private rented sector.

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