Section 8 inserts a new section 4B into the Housing Act 1988. This provides that terms of an assured tenancy that provide for rent to be due in advance of the rent due date in the tenancy agreement have no legal effect and are unenforceable. There is an exception for rent paid between the signing of the tenancy agreement and commencement of the tenancy, where a landlord may require rent for the first rent period (of one month, or up to 28 days depending on the length of the rent periods).
	Subsection (1) provides that terms in an assured tenancy agreement that require the payment of rent before the rent period for which it is due will not be enforceable.
	Subsection (2) provides that subsection (1) does not apply to tenancies entered into before the commencement date or to certain excepted tenancies (defined at subsection (12)). This subsection also confirms that subsection (1) does not apply to rent paid between the signing of the tenancy agreement and commencement of the tenancy. During this period a landlord may require rent for the initial rent period(s) (of one month in the case of monthly rent periods, or up to 28 days for rent periods of less than one month) at any point following the tenancy being entered into by all parties and the start of the tenancy.
	Where a term of the tenancy is of no effect because it provides that rent is due in advance, subsections (4) and (5) provide that rent should be due on the regular rent day that falls within a compliant rent period, where both one or more of the periods contains a compliant rent period (as defined at subsection (12)) and those compliant rent periods have a regular pattern (see subsection (6)). New subsection (5) provides that where those conditions are not met, the rent will be due on the first day of the rent period.
	Subsections (6) and (7) explain what is meant by compliant rent periods having a regular pattern. Subsection (6) provides that two conditions must be met. Firstly, that all compliant periods are the same length and secondly, that the rent for all compliant periods will be due on the same day during each period. New subsection (7) applies subsection (6) to tenancies where the first rent period of a tenancy is of a different length to the others, and to tenancies where rent for the first period of the tenancy is due on a different day.
	Subsection (8) signposts the relevant provisions on applying holding deposits towards payment of rent for the first rent period (or periods, where a later rent period ends during the initial 28 day period), contained at Schedule 2 of the Tenant Fees Act 2019.
	Subsections (9) to (11) give a power to the Secretary of State to amend the descriptions of tenancies or rent due in advance that are exempt from the general prohibition at subsection (1) on rent in advance after a tenancy is entered into.
	New subsection (12) defines the terms "compliant rent period", "due in advance", "excepted tenancy", "initial rent", "local housing authority" and "permitted pre-tenancy period".
Part 1: Tenancy reform Chapter 1: Assured Tenancies Section 8: Prohibition of rent in advance after lease entered into (except initial rent) Effect