0:01 AM, 18th December 2025, About 4 weeks ago 23
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Hi, I understand the Renters’ Rights Act 2025 outlaws rent in advance?
I know of a tenant who is cash-rich – lots of investments and savings – and who has given up paid work. He wishes to change rental properties and is concerned that the above change could mean he wouldn’t now be acceptable to a new Landlord, at least not without a guarantor. Ie, they will expect evidence of ‘income’, and cannot now accept a multi-month payment in advance (which he’d otherwise be happy to do).
Is this the case? What would LL’s on here do to surmount this?
To be clear, this fellow could buy a property outright with just his savings, and could draw on a number of investments to cover his rental outlay, but chooses not to buy as he expects there will be a fair chance he’ll move abroad within 5 years, and would much prefer to rent until then.
Thank you
Tom
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Graham Bowcock
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Member Since January 2020 - Comments: 558
12:18 PM, 18th December 2025, About 4 weeks ago
This is the law of unintended consequences.
We have had several tenants over the years offer money up front. They have always been great tenants.
Many have come from abroad and have no UK credit history, some have been retired with no demonstrable income, one was in the middle of a HNW divorce (and actually bought the house off me when her divorse was finalised). It works.
It looks like any way to collect rent in advance will be unlawful. There will no doubt be some people suggesting sham agreements, but these will no doubt not meet scrutiny if they go to Court – as inevitably some will.
I look forward to the musings of fellow landlords.
robert fisher
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Member Since August 2015 - Comments: 45
12:30 PM, 18th December 2025, About 4 weeks ago
Reply to the comment left by Graham Bowcock at 18/12/2025 – 12:18
If the prospective tenant can prove their level of savings / investments along with a reasoned argument as to why they have no job i would be happy to have them as a tenant. Thing is you can take a working tenant with provable income on day 1 and by day 5 they have lost their job and become a benefits tenant, Referencing is only a snapshot of a moment in time, If they can prove they can afford the rent would it be seen as discrimination if you didn’t offer them the tenancy?
Paul Essex
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Member Since June 2019 - Comments: 686
12:34 PM, 18th December 2025, About 4 weeks ago
Reply to the comment left by robert fisher at 18/12/2025 – 12:30
The issue I see is that lots of landlords are looking to insurance and guarantors. I believe that an insurance company would reject him so yes he has in effect been banned by the government.
Tim Peters
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Member Since October 2023 - Comments: 50
12:40 PM, 18th December 2025, About 4 weeks ago
Reply to the comment left by Graham Bowcock at 18/12/2025 – 12:18
Purely as an achademic thought… Would it be possible for money to be held in escrow by a third party (eg solicitor) and released to the landlord each month.
Alternatively (and aszuming it isnt a leasehold property with restrictions) the gentleman coukd form a company and make it a corporate let which isnt subject to the renters fights legislation. They woukd need to be careful how to deal with any “benefit in kind” issues but i suspect we will see such schemes popping up to mitigate rules put in place by people who have demonstrated they dont understand property
OrangeGrouse
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Member Since February 2022 - Comments: 22
12:42 PM, 18th December 2025, About 4 weeks ago
Is there a provider out there who will hold upfront rent in some kind of escrow (or is against the spirt of the legislation) and then pay monthly to the landlord (for a fee, of course)??
Reluctant Landlord
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Member Since September 2018 - Comments: 3386 - Articles: 5
12:44 PM, 18th December 2025, About 4 weeks ago
in the exact situation at present. T working p/t job but wont meet affordability yet cash in the bank from a divorce settlement.
Ended up only being able to accommodate her as she was able to provide a home owning UK resident willing to stand as an unlimited guarantor.
Judith Wordsworth
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Member Since January 2015 - Comments: 1371
20:15 PM, 18th December 2025, About 4 weeks ago
Whilst a landlord cannot demand rent up front eg 6 months, 12 months possibly even 3 years it is NOT illegal, under the Renters Reform Act, for a tenant to offer to pay up front and the landlord accept the offer.
Tim Peters
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Member Since October 2023 - Comments: 50
20:19 PM, 18th December 2025, About 4 weeks ago
Reply to the comment left by Judith Wordsworth at 18/12/2025 – 20:15
That may be true, but if the tenant later says rhe landlord insisted on it or he wouldnt rent me the property, I dont fancy your chances 🙄
Steve Masters
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Member Since August 2013 - Comments: 323 - Articles: 1
23:11 PM, 18th December 2025, About 4 weeks ago
I’m not sure the landlord can accept a voluntary offer of money up front, even into some kind of escrow account, before a tenancy agreement is signed. However, I don’t believe there is anything to stop the landlord accepting such payment after it is signed. There would still need to be some trust in the tenant though.
A bit of a workaround for a new problem that didn’t previously exist!
We need to be crafty in order to survive against our governments crafty tricks against us.
David Rose
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Member Since October 2016 - Comments: 17
11:49 AM, 19th December 2025, About 4 weeks ago
The best course of action is to write to your MP requesting that they put the question to the minister/secretary of state. A minister legally has to respond to an MPs questions and the more they have to answer them, the more they become aware of the problems they’ve created.
Even better if your potential tenant writes to their MP similarly.