Rent In Advance, Pets And Bidding Wars: The New Rules Tenants Should Know From May 2026
- ATHILAW
- 1 day ago
- 10 min read
If you are renting privately in England, several important changes under the Renters’ Rights Act 2025 now affect how you find and live in a rented home. From 1 May 2026, the rules around rent in advance, rental bidding, pets, rent increases, and assured tenancies changed for most private renters.
This article focuses on three changes that are especially relevant to tenants: how much rent a landlord can ask for upfront, whether you can request to keep a pet, and how rental properties must be advertised and offered. These rules affect the financial barriers you face when moving into a property, your lifestyle choices while you live there, and the fairness of the process when you are competing for a home.
The Rule On Rent In Advance: What Has Changed?

Before the Renters’ Rights Act came into force, some landlords asked tenants for several months’ rent upfront. This was particularly common where tenants had no UK credit history, were receiving benefits, were students, or had recently moved to the UK.
For many people, this made finding a private rental much harder, even where they could afford the monthly rent. The new rules are designed to stop large upfront rent demands being used as a barrier to renting.
The position is now more specific than a simple “one month upfront” rule. A landlord or letting agent must not ask for, accept, or encourage you to pay rent before the tenancy agreement is signed. After the tenancy agreement has been signed but before the tenancy starts, they can usually ask for some rent in advance. If you pay rent monthly, this is normally capped at 1 month’s rent.
If you pay rent weekly, it is normally capped at 28 days’ rent. There are limited exceptions, including some cases where the tenancy is arranged by a local council because you are legally homeless, or where the property is social or supported housing.
This is an important protection if you are renting from a landlord or through an agent who has continued to ask for large sums upfront. If they ask for more than the rules allow, you can complain to the local council for the area where the property is located.
What Counts As Rent In Advance And What Does Not?
It is worth being clear about what the cap covers, because there is sometimes confusion between rent in advance, a holding deposit, and a tenancy deposit.
Rent in advance is separate from your tenancy deposit. Your tenancy deposit is still governed by deposit protection rules and the Tenant Fees Act 2019.
For most tenancies, the maximum tenancy deposit is 5 weeks’ rent where annual rent is less than £50,000, or 6 weeks’ rent where annual rent is £50,000 or more.
The table below sets out the key limits on upfront payments:
Payment Type | Maximum Permitted Under Current Rules |
Rent before the tenancy agreement is signed | Not permitted |
Rent during the pre-tenancy period after the agreement is signed | Usually 1 month’s rent if paid monthly, or 28 days’ rent if paid weekly |
Tenancy deposit | 5 weeks’ rent if annual rent is under £50,000, or 6 weeks’ rent if annual rent is £50,000 or more |
Holding deposit | 1 week’s rent |
Separate pet deposit | Not permitted as a separate charge |
Admin or referencing fees | Not permitted under the Tenant Fees Act 2019 |
If a landlord or agent tries to charge you anything not permitted, or asks for amounts above these limits, you do not have to agree to it. You should keep dated evidence, such as emails, text messages, adverts, payment requests, or receipts.
For more background on what to watch out for when signing up to a new tenancy or purchase, our post on the importance of due diligence in property purchases and our guide on how to protect your deposit during the conveyancing process give useful context on protecting yourself financially during any property transaction.
The Bidding War Ban: What It Means In Practice
If you have tried to rent a property in a competitive market, you may have experienced the frustration of being invited to offer above the advertised asking rent. In some parts of England, this had become common, particularly where rental demand was high and available homes were limited.
The Renters’ Rights Act has now banned rental bidding. A landlord or letting agent cannot ask or encourage you to pay more than the advertised rent, and they cannot accept a bid above the advertised rent. Written adverts must state a specific rent, and a price range is not allowed.
In practice this means:
A letting agent cannot tell you that another applicant has offered more and ask if you want to match it
A landlord cannot hint that offering a higher rent will improve your chances
A written advert cannot use a rent range to encourage bids
A property cannot be advertised at one price while higher offers are quietly accepted
If you voluntarily offer more than the advertised rent, the landlord or agent must still refuse it
This does not mean every rental property will be cheaper, but it should make the process clearer and fairer. The best-placed applicant should be assessed on suitability, references, affordability, and timing, rather than their ability to outbid other renters.
Our article on the legal implications of gazumping and gazundering is relevant reading if you want to understand more about how English property law handles competitive and sometimes unfair market behaviours.
Your Right To Request A Pet Under The Renters’ Rights Act
If you want to keep a pet in your rented home, the Renters’ Rights Act now gives you a clearer right to ask. Your landlord cannot refuse without a fair reason.
You must make your request in writing and include a description of the pet. This might include the type of animal, its size, and how much room it needs. Your landlord has 28 days to respond in writing. If they ask for more information and you provide it, they then have either the remainder of the original 28 days or an extra 7 days to give their final decision, whichever is later.
Under the new rules:
You must ask your landlord in writing before keeping a pet
Your landlord must respond in writing within the required timeframe
Your landlord cannot refuse without a fair reason
If they refuse, they should explain why
If you keep a pet without permission, you may be breaching your tenancy agreement
If your pet causes damage, your landlord may be able to deduct reasonable repair costs from your tenancy deposit
What counts as a fair refusal depends on the circumstances. It may be reasonable to refuse if the property is too small for a large pet, another person living there has an allergy, the freeholder does not allow pets, or the animal is illegal to own. It would usually be unreasonable to refuse simply because the landlord does not like pets, had a previous bad experience with another tenant’s pet, or has general concerns about possible damage in the future.
What To Do If A Landlord Or Agent Is Breaking These Rules
All three rules covered in this article are enforceable, and there are practical steps you can take if your landlord or letting agent is not complying.
For rent in advance issues, complain to the local council where the property is located. Keep evidence showing what was requested, when it was requested, and who asked for it. If the council finds that the landlord or someone acting for them has illegally asked for rent in advance, they can require repayment.
For rental bidding, you can also report the landlord or letting agent to the local council. Useful evidence may include the original advert, messages about higher bids, evidence that you were encouraged to offer more, and your tenancy agreement if one was signed. If the council agrees that rental bidding has happened, it can fine a landlord or letting agent up to £7,000.
For pet refusals, start by complaining to your landlord or letting agent if they do not respond within 28 days or if you think the refusal is unreasonable. If a letting agent is involved and the complaint cannot be resolved, you can complain to their redress scheme. The new PRS Landlord Ombudsman is expected to be introduced later, after the PRS Database rollout, with mandatory landlord membership expected in 2028 when the service is ready.
Getting advice before you take any of these steps is sensible. Our ila solicitor service can help you understand your position clearly before you decide how to proceed, without any commitment to further action if you decide not to pursue it.
If your situation also involves family pressures, such as a partner or children being affected by the housing issue, our Divorce Solicitors in Sheffield team and our Divorce Solicitors service can help you look at the full picture, particularly where housing disputes and relationship breakdowns overlap.
Tenants With Immigration Status And These New Rules
If you are renting in England on a visa or under a particular immigration status, these rules apply to you in the same way as they apply to British citizens, provided your tenancy falls within the private rented sector rules covered by the Act.
The rent in advance rules are especially important for international renters. Large upfront rent requests were often made where someone did not yet have a UK credit history. You should not be required to pay 6 months in advance simply because you are on a Skilled Worker visa, student visa, spouse visa, partner visa, or another immigration route.
If a landlord or agent says the rent in advance cap does not apply because of your immigration status, that is not correct for an ordinary private assured periodic tenancy. There are limited exceptions to the rent in advance rules, but they are based on the type of tenancy or housing arrangement, not on whether you are a visa holder.
If you are also navigating a visa application or renewal at the same time as your housing situation, our immigration law firm team can advise you on both the immigration side and how your housing circumstances may interact with your visa requirements.
For those going through a partner visa application, our uk partner visa solicitors team handles the full process and can advise on what evidence of accommodation you need to provide. Our post on navigating the family visa application process and our guide on meeting the UK partner visa financial requirement are both helpful reads if you are in that position.
For employers whose overseas staff are affected by these changes, our employer sponsor licence Sheffield team can advise on your obligations and how your employee’s housing situation relates to their sponsored status.
If Renting Is Making You Think About Buying
If you are fed up with being at the mercy of the rental market, even with these new protections in place, buying your own home might be the right move. A number of our clients come to us having decided that the security of ownership is worth pursuing after a difficult experience in the private rented sector.
Our conveyancing solicitors sheffield team can guide you through the buying process from the very first offer through to completion. If you need advice on whether you require an ila for mortgage as part of a joint purchase or a more complex mortgage arrangement, we can help with that too.
If you are based in the Midlands, our family solicitors west Bromwich office covers conveyancing and other legal services from our West Bromwich location.
For anyone considering their first purchase, our posts on conveyancing for first time buyers, top tips for first time home buyers, questions to ask before hiring a conveyancing solicitor, and understanding the conveyancing process are all worth reading before you start.
Our guides on leasehold vs freehold, how to handle complex leasehold properties during conveyancing, and understanding the role of searches in property transactions will also help you feel more informed as you go through the process.
If you are thinking about investing in a commercial property alongside or instead of a residential purchase, a commercial conveyancing solicitor can walk you through the differences and help you make an informed decision.
Our post on digital conveyancing and how technology is transforming property transactions is also useful background reading if you want to understand how the modern buying process works.
Frequently Asked Questions
My landlord asked for 3 months’ rent in advance when I signed my tenancy last year. Is that still lawful?
If the tenancy was signed and the payment was made before the new rules came into force, it is not automatically unlawful under the Renters’ Rights Act 2025. However, from 1 May 2026, landlords and letting agents must follow the new rent in advance rules. If you are asked for another large upfront payment now, you should get advice before agreeing.
Can a landlord list a property with a rent range rather than a fixed price?
No. For written adverts, the rent must be a specific amount. A rent range is not allowed if it is being used to invite or encourage higher offers.
What if I want to offer slightly above the asking rent because I really want the property?
Even if the offer comes from you voluntarily, the landlord or letting agent cannot accept a bid above the advertised rent. You can still report the matter to the local council if a higher bid is accepted.
My landlord refused my pet request because other tenants in the building might complain. Is that a fair reason?
It depends on the facts. A general concern may not be enough on its own, but the position may be different if there is a genuine issue, such as allergies, the size of the property, the type of pet, or a freeholder restriction in a lease. Getting specific advice is the best way to assess whether the refusal is reasonable.
Can my landlord charge me a separate pet deposit?
No. A separate pet deposit is not permitted as an additional charge. If your pet causes damage, your landlord may be able to deduct reasonable repair costs from your protected tenancy deposit, but they cannot recover the same damage twice, for example through both deposit deductions and insurance.
I am on a spousal visa and my landlord is asking for 6 months upfront. What should I do?
You are entitled to the same protections as other tenants. For most private assured periodic tenancies, the rent in advance rules apply regardless of immigration status. You should not agree to pay more than the rules allow without getting advice. Keep written evidence of what the landlord or agent has asked for and consider reporting the issue to the local council.
Talk To Us If You Are Facing Any Of These Issues
The Renters’ Rights Act has made the private rental market fairer, but the rules only work if tenants know what they are entitled to and feel able to act on it. If your landlord or letting agent is asking for too much upfront, has refused your pet request without a fair reason, or has behaved in ways that look like an attempt to create a bidding war, you have clear options.
At Athi Law, we are a family-run firm with offices in Sheffield, Dronfield, and West Bromwich. We advise tenants, landlords, buyers, families, and individuals with immigration matters across Yorkshire, Derbyshire, and the Midlands.
You can also read more on our blog, including the importance of title insurance in property transactions, understanding rights of way and easements in property purchases, how changes in property tax laws affect the conveyancing process, and the role of immigration solicitors in human rights cases.
Contact us today to speak with one of our solicitors. Call us on 0114 2558001 or visit our Sheffield, Dronfield, or West Bromwich offices. We are available Monday to Friday, 9am to 5pm, and you can reach us via WhatsApp too.




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