Moving Out in 6 Steps - Here is how
Moving out of a rented property involves several critical steps to ensure that you comply with legal requirements and secure your rights as a tenant. This process can be daunting but following these six steps will help streamline the experience.
What the law says
The laws governing tenancy agreements are primarily set by the Housing Act 1988 (s.8, s.13, s.21), the Deregulation Act 2015 (s.33), and the Tenant Fees Act 2019. The Housing Act 1988 outlines specific conditions under which landlords can issue a notice to quit or seek possession of a property, such as Section 21 notices for tenants on periodic tenancies who haven't breached their agreement. Meanwhile, the Deregulation Act 2015 amended certain provisions in the Housing Act 1988, including changes to how landlords may end a fixed-term contract after it expires without cause. The Tenant Fees Act 2019 prohibits letting agents and landlords from charging tenants fees for services like referencing or inventories beyond what's legally allowed.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 has fundamentally altered many aspects of tenant-landlord relationships. Notably, Section 21 notices have been abolished, meaning landlords can no longer serve a notice without cause under most circumstances. Additionally, periodic tenancies now start from the day one of the fixed-term agreement instead of waiting for it to expire. The act also introduced an annual rent cap based on the Decent Homes Standard. Ensuring that rental prices are fair and reasonable. Awaab's Law has been extended to cover private landlords, enhancing tenant safety standards. New provisions include a PRS Ombudsman for disputes and mandatory registration of all private rented sector properties in a central database.
What this means for tenants
In 2026, tenants are expected to follow stricter legal procedures when moving out. At Moving Out in 6 Steps - Here is how, tenants may be entitled to a full deposit refund if they have fulfilled their obligations under the tenancy agreement without breaching any conditions. They should ensure that all necessary paperwork is completed accurately and submitted on time. It's important for tenants to thoroughly check the property's condition both before moving in and after moving out, as this can impact the final deposit return. Tenants are also advised to communicate clearly with their landlord or letting agent regarding move-out plans and any required repairs.
What this means for landlords
Landlords must now adhere to more stringent regulations when managing tenancies. With Section 21 notices no longer available in most cases, landlords need a valid reason to terminate a periodic agreement, such as non-payment of rent or breach of contract terms. Landlords should ensure they comply with all new requirements under the Renters' Rights Act 2025, including registering their properties and adhering to annual rental caps. They must also provide decent living conditions that meet the Decent Homes Standard.
Common scenarios
- Tenant moving out early: A tenant who needs to leave a property earlier than expected due to job relocation may negotiate a subletting arrangement or seek agreement from the landlord for a break clause if included in their contract.
- Landlord demanding full deposit without cause: If a landlord unjustly withholds part of the deposit, tenants can challenge this through the deposit protection scheme dispute resolution process or escalate further to the PRS Ombudsman.
- Disputes over property condition at move-out: When there are disagreements about damage beyond normal wear and tear, both parties should document any issues thoroughly before moving out to avoid disputes later.
Evidence tenants should keep
Tenants should maintain thorough documentation of their tenancy throughout its duration but especially as they prepare to move. This includes:
- Inventory checklists: Initial and final condition reports detailing the state of fixtures and fittings.
- Photographs/videos: Visual records taken during both move-in and move-out inspections.
- Correspondence: Emails, letters, and text messages exchanged with landlords or agents regarding lease terms, repairs, or other issues.
- Rent receipts: Proof of timely rent payments to demonstrate compliance with tenancy agreements.
Keeping a well-organised file of these documents helps in case disputes arise over deposit refunds or property damage claims.
What to do if things go wrong
If issues arise during the move-out process, tenants should follow an escalation path:
- At Moving Out in 6 Steps - Here is how, Send complaint letter: Address concerns directly to your landlord, specifying any problems and requesting resolution.
- Contact council environmental health: Report housing conditions that may violate local health regulations or building codes.
- Deposit scheme dispute: If unable to resolve disputes over the deposit with the landlord, submit a claim through the chosen deposit protection scheme's dedicated service.
- Housing Ombudsman: For broader complaints about how your case was handled by social housing providers.
- PRS Ombudsman: Address private rental sector disputes when other methods have failed to resolve issues.
- First-tier tribunal: Seek legal remedy for complex or contentious matters not settled through ombudsmen.
- County court: As a last resort, file a formal lawsuit if all else fails and rights are clearly violated.
Common mistakes to avoid
Both tenants and landlords often make errors that complicate the move-out process:
- Incomplete inventory checklists: Failing to document property conditions thoroughly can lead to disputes over damage claims.
- Neglecting timely communication: Lack of clear, timely communication about move-out plans or repairs can frustrate both parties.
- Ignoring deposit protection rules: Withholding or mismanaging deposits without adhering to legal requirements risks penalties and disputes.
- Not understanding tenancy rights: Misunderstanding the terms of your agreement leaves you vulnerable to exploitation or violation.
Where to get help
For additional support, tenants should consult organisations like Shelter, Citizens Advice, local council housing teams, and specialised housing solicitors. Legal aid may still be available for certain cases involving discrimination, eviction threats, or extreme financial hardship. Links to these resources can provide full advice tailored to your specific situation.
Frequently asked questions
What are my rights when moving out under a periodic tenancy?
Under Housing Act 1988 (s.21) and Renters' Rights Act 2025, you typically have the right to leave without cause after a fixed-term ends. Check your contract for specific terms and conditions.
How long before moving out should I give notice?
Typically, tenants on periodic tenancies may need at least one month's notice under Housing Act 1988 (s.21). Fixed-term agreements vary; check the lease agreement for exact requirements.
What costs am I responsible for when moving out?
You are usually responsible for rent until your last day and may be liable for damages beyond normal wear under Housing Act 1988 (s.13). Check with a solicitor if unsure about specific charges.
How do I ensure I get my deposit back when moving out?
Provide your landlord with an inventory of the property's condition and any necessary repairs before you leave. Ensure all bills are paid, and check the tenancy agreement for return timelines under Tenant Fees Act 2019.
What evidence should I collect before leaving a rental?
Photograph or video the property’s condition, noting any existing damages. Keep records of communications with your landlord regarding repairs and maintenance requests as per Housing Act 1988 (s.14).
How can I avoid common mistakes when ending my tenancy?
Ensure you comply with notice periods and conditions in your agreement to avoid disputes or penalties. Review the Renters' Rights Act 2025 for any changes affecting your rights and responsibilities.
Where should I escalate if there is a disagreement about moving out?
Seek legal advice from a solicitor or contact your local Citizens Advice Bureau for guidance on dispute resolution under Housing Act 1988 (s.21) and Renters' Rights Act 2025.
How does the Renters' Rights Act 2025 impact my rights to move out?
The act abolishes Section 21 notices, meaning landlords must now provide a reason for eviction under most circumstances. It also changes how periodic tenancies start upon fixed-term expiry.