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The framework

The framework is set out in three canonical internal documents: Essential Terms and Charges v2.5.1 (the operational contract, RRA-aligned, October 2026), the Checkout Guide v2.0 (RRA-aligned, 7 May 2026), and the Deposit Return Form v32.0 (RRA-aligned). What you read below is drawn from those three, with each section pointing back to the clause it sits on.

Move-out

Ending a tenancy — the post-RRA framework

The end of a tenancy is, under the Renters’ Rights Act 2025, the operational stage where the most can go wrong if not handled to a published standard. Our framework is set out in the Checkout Guide v2.0 and the relevant sections of ETC v2.5.1.

Tenant-initiated end (the statutory two-month notice). Since 1 May 2026 every assured periodic tenant has the statutory right to end the tenancy at any time by serving two months’ written notice under Protection from Eviction Act 1977 s.5(1ZA)(a), inserted by Renters’ Rights Act 2025 s.20. The notice must be in writing, addressed to the landlord (or agent acting on the landlord’s behalf), and dated to expire at the end of a rent period. We confirm receipt, log the end date, and arrange the checkout.

The Assisted Tenancy Replacement Process (the managed-property option). Under ETC §68.1 [ENDING-002-A], a tenant on a Full-Management tenancy can opt into HWJ’s Assisted Tenancy Replacement Process — a co-ordinated remarketing and substitution pathway that is often faster than the statutory two months and that can release the outgoing tenant from rent liability sooner, subject to a replacement tenant clearing referencing and moving in. This is an option, not a default; either party can decline and the statutory notice path applies. A tenant who moves out before their notice ends still owes rent to the end of the notice period; any rent unpaid by the end of the tenancy is claimed from the deposit (deducted if the tenant agrees, otherwise decided by the deposit scheme's free dispute service); any balance above the deposit is still owed. Rent stops sooner only if the landlord agrees an earlier end date in writing, or a replacement tenant's tenancy starts through the Assisted Tenancy Replacement Process after referencing. There is no early-termination or re-letting fee; the only other costs are any the tenant agrees in writing beforehand.

Landlord-initiated end (Section 8). Section 21 no-fault evictions were abolished on 1 May 2026. The only landlord route to possession is now Section 8 under HA1988 s.8, with a ground from Schedule 2 (as amended by RRA Schedule 1). See Section 8 Grounds for the full grounds table and the HWJ arrears workflow. Service of a Section 8 notice always requires landlord written approval before action.

Booking the checkout. Once the end date is confirmed, we book an external inventory clerk for a Check-Out Report on or as close to the end date as possible. Rent is owed to the end of the notice period (see Leaving before your notice ends on our tenants page); please return all keys and remote controls by that date. The Check-Out Report is e-mailed to the lead tenant and the landlord(s) within two working days of the checkout visit. The Check-Out fee is paid by the landlord per the Tenant Fees Schedule and the Landlords page.

Cleaning standard. The tenancy agreement requires the property to be returned to the standard set out in the Check-In Report and Inventory. Where the tenant has had the property professionally cleaned and provides a receipt, that is the published standard. Where cleaning falls short, the landlord may engage a professional clean against the deposit; the cost is the actual invoice supplied by a reputable cleaning company, with photographic evidence before and after.

Keys, utilities, and council tax. All keys, fobs, parking remote controls, communal-area cards and any other devices issued at check-in are returned at checkout. Lost keys are charged at the published replacement cost (key cutting, fob programming, lock change where the key was numbered against the lock); receipts are required to make a claim against the deposit. Tenants notify utilities and council tax of the move-out date and provide final meter readings (HWJ captures meter readings at the checkout visit as a back-up). On communal heat networks and pre-payment meter properties (typical of central London new-builds), tenants top-up to clear any negative balance before keys are returned.

Getting the deposit back

Deposit return — the published framework

Deposit return is governed by the tenancy deposit scheme (TDS, DPS, or — on the no-deposit pathway — Reposit / Flatfair) under Housing Act 2004 Part 6 Chapter 4. The HWJ workflow is documented in the Deposit Return Form v32.0.

Where no deduction is claimed. If no claim is made and all utilities are settled, the deposit is usually repaid to the tenant within 10 days of both parties agreeing the amount, via the protecting scheme. Faster in practice when the tenant has provided bank details at checkout.

Where a deduction is claimed. There are three legitimate grounds for a deduction: damage to the property or contents beyond fair wear and tear; missing items recorded in the Inventory; and unpaid charges (rent, utilities, council tax) properly owed at the end of the tenancy. Anything outside those three grounds is not a legitimate deduction.

Fair wear and tear, betterment, and apportionment. A deduction cannot put the landlord in a better position than they would have been in had the tenant returned the property in its expected condition (the “betterment” principle). Where an item with a published useful life is damaged before the end of that life, the deduction is apportioned against the remaining life. Worked example from §6.3 of the Deposit Return Form: a sofa with an expected useful life of 10 years, damaged in year 4, would have a prorated remaining value of 60%. If the repair or replacement cost is less than the prorated value, the lower figure is deducted; if greater, the prorated value is the ceiling. The full life-expectancy tables for decoration and household items are set out in §6.3 of the form.

The HWJ workflow. Set out in §11 of the Deposit Return Form:

• Day 1: Online Deposit Return Form sent to the lead tenant and the landlord, with the Check-Out Report attached and any proposed deductions itemised.
• Day 3: Discussion window — landlord and tenant respond, dispute, or agree each itemised deduction.
• Ongoing: Mediation by Harvey W James between landlord and tenant, with reference to the Inventory, the Check-Out Report, and the betterment / apportionment framework.
• Final step: Where agreement is reached, repayment is initiated through TDS / DPS (or Reposit / Flatfair). Where agreement is not reached, the dispute is submitted to the scheme’s free Dispute Resolution Service for an independent adjudicator’s decision.

If the dispute goes to adjudication. The scheme’s adjudicator decides the matter on the documentary evidence — Inventory, Check-In Condition Report, Check-Out Report, photographs, receipts, quotes, and the parties’ written submissions. The adjudicator’s decision is final and binding under the scheme rules. HWJ charges a £54 inc. VAT dispute administration fee (for up to 3 hours’ work, then £18 for each additional hour) to collate evidence and submit on the landlord’s behalf — the Deposit Dispute charge in the Notices & Service Guide of ETC v2.5.1 and clause 5.8 of the Landlord Terms of Business page.

Reposit and Flatfair no-deposit pathway. Where the tenant chose the Reposit or Flatfair membership at the start of the tenancy in place of a cash deposit, the same three-ground deduction framework applies, with claims handled through the membership provider rather than a cash-deposit scheme. Repayment is not relevant (no cash held); valid claims are paid by the membership provider to the landlord against the same evidentiary standard.

Replacement of Domestic Items Relief (formerly the 10% Wear and Tear Allowance). The 10% Wear and Tear Allowance for furnished lettings was abolished on 6 April 2016 by Finance (No. 2) Act 2016 and replaced with the Replacement of Domestic Items Relief under ITTOIA 2005 s.311A–314. Any deposit-return guidance still referencing the 10% allowance is out of date. For the landlord’s tax treatment of replacement furnishings, see our Overseas Landlords page for the YWC London LLP partnership framework or speak to your own accountant.