Every tenancy in England is now a rolling periodic tenancy with no fixed end date. That single structural change — covered across earlier editions in the context of possession and rent increases — has a quieter but equally important consequence: it changes what "ending a tenancy properly" actually requires, particularly around the deposit.

This edition covers how a tenant actually ends a periodic tenancy, what you need to do at check-out, the fair wear and tear line that decides most deposit disputes, and why the evidence discipline this newsletter keeps returning to matters more than ever now that tenancies can run indefinitely.

From 1 May 2026, all residential tenancies automatically became Assured Periodic Tenancies, rolling indefinitely with no fixed end date, and Section 21 is now gone. There is no renewal, no fixed term expiring, and no natural moment when a tenancy simply concludes on its own.

From the tenant's side, a periodic tenancy ends when they give notice — typically two months in writing — and leave. From the landlord's side, it ends only through one of the Section 8 grounds covered across this newsletter: rent arrears, anti-social behaviour, sale, moving in, or one of the others. There is no scenario in the current framework where a landlord simply lets a tenancy "come to an end" the way a fixed term used to expire. Every landlord-initiated ending now runs through a formal ground and notice process.

For this edition, we're focused on the practical mechanics that apply regardless of which route ends the tenancy — the check-out, the inventory comparison, and the deposit return.

A smooth check-out starts before the tenancy begins. The check-in inventory taken at the start of the tenancy is the fixed set of goal posts everything at the end is measured against. If Edition 16's deposit protection checklist and Edition 20's fitness documentation habits have been followed throughout, the check-out process draws on records that already exist rather than starting from scratch.

Just as at check-in, conduct a thorough check-out inspection, ideally with the tenant present. Use the original inventory as your guide, comparing the property's current condition against the initial report. Take detailed photos and notes of any discrepancies you believe go beyond fair wear and tear.

Doing the check-out with the tenant present, where possible, matters for more than politeness. A tenant who sees the comparison being made in real time, against a document they signed at the start, is far less likely to dispute the outcome than one who receives a list of deductions after the fact with no opportunity to discuss it.

This is the single most disputed area of deposit deductions, and the line itself is simpler than the disputes around it suggest.

Fair wear and tear is the natural deterioration of a property and its contents over time through normal use. It is not damage caused by negligence, carelessness, or intentional acts by the tenant. A carpet becoming slightly worn in a high-traffic area like a hallway is fair wear and tear. In contrast, a red wine stain or a burn mark on the same carpet is damage.

The distinction that trips landlords up most often: length of tenancy changes what counts as fair. A scuff on a skirting board after six months looks like carelessness. The same scuff after four years of a family living there looks like ordinary use. Deposit adjudicators factor tenancy length into their assessment of what's reasonable — a claim that doesn't account for it is weaker than one that does.

At the end of the tenancy, a landlord can make deductions from the deposit for specific reasons: unpaid rent, damage to the property beyond fair wear and tear, cleaning if the property is left in a worse state than at the start of the tenancy, and replacement of missing items that were listed in the inventory.

What you cannot deduct for: fair wear and tear — the gradual deterioration that naturally occurs through normal use. Deductions must be reasonable and evidenced, typically by a check-out inventory report compared to the check-in report taken at the start.

Deductions must be fair, reasonable, and reflect the actual cost to the landlord — not an inflated figure, and not a deduction that goes beyond restoring the property to its condition at check-in. A deposit is a safety net for the landlord, not a pot to fund a full refurbishment between tenancies.

Here's the part that's specific to 2026 rather than a repeat of long-standing deposit principles. The longer a tenancy runs, the harder it becomes to draw a clear line between fair wear and tear and genuine damage. A mark on the wall that appeared after year one looks very different from one that appeared after year four — but if your only photographic evidence is a check-in report from the start, you're leaving a significant gap in your evidence trail.

Because tenancies can now run indefinitely with no renewal point to prompt a fresh look at the property, the temptation is to treat the original check-in inventory as sufficient for however long the tenancy lasts. It isn't. The evidence that protects you in a deposit dispute is the same evidence that supports you throughout a tenancy — dated, detailed, regular, and not just at the beginning and end.

The practical fix: periodic condition photographs, taken at any routine visit or gas safety check, dated and filed against the property. A tenancy now running five years with only a check-in inventory from year zero leaves the landlord trying to argue, from a single starting photograph, what changed and when across half a decade. A tenancy with photographs from year one, year three and year five tells a far more defensible story.

Covered in Edition 16 but worth restating in the check-out context: the deposit must be returned to the tenant, minus any lawful deductions, within ten days of the parties reaching agreement.

Where agreement isn't reached, all three tenancy deposit protection schemes offer a free alternative dispute resolution service. Either party can refer the dispute to the scheme's adjudicator, who reviews the evidence and makes a binding decision on how the deposit should be divided.

The adjudicator's decision turns entirely on the evidence submitted. A landlord with a dated check-in inventory, periodic condition photographs through the tenancy, and a documented check-out comparison is working from a complete evidential picture. A landlord relying on memory and a single check-in report from years earlier is not — regardless of how genuine the underlying claim might be.

✅ Locate your original check-in inventory before check-out — this is your fixed reference point; everything is measured against it.

✅ Conduct the check-out inspection with the tenant present where possible — real-time agreement reduces disputes significantly.

✅ Photograph and note every discrepancy — dated, detailed, room by room, compared directly against the check-in record.

✅ Apply the fair wear and tear test consistently — ask whether the change reflects normal use over the tenancy length, or damage from negligence or an intentional act.

✅ Factor tenancy length into your assessment — a mark after six months and the same mark after four years are not equivalent claims.

✅ Only deduct for the four permitted categories — unpaid rent, damage beyond fair wear and tear, cleaning to restore check-in condition, and missing inventoried items.

✅ Return the deposit within 10 days of agreement — or refer promptly to ADR if you can't agree.

✅ Build periodic condition evidence into every long-running tenancy — photographs at routine visits or safety checks, dated and filed, so a five-year tenancy isn't defended with a single photo from year zero.

Ending a tenancy properly was never complicated in principle — protect the deposit, document the condition, deduct fairly, return promptly. What's changed under the Renters' Rights Act is the timescale you're now documenting against. With no fixed term and no natural renewal point, a tenancy that used to reset every 12 months with a fresh look at the property can now run five, eight, ten years on the same original inventory.

The landlords who navigate check-out smoothly are those who've treated documentation as an ongoing habit throughout the tenancy — not a task that happens twice, at the very beginning and the very end. Every edition of this newsletter that has emphasised dated, contemporaneous records was building toward exactly this moment: the check-out where all of it either supports you or doesn't.

Track check-in inventories, periodic condition photographs and check-out comparisons against every property in your portfolio — the evidence chain a deposit dispute is actually decided on.

£19 one-time, instant access 👉 uklandlordproperty.gumroad.com/l/oahbhl

Also on Etsy 👉 tlbtemplates.etsy.com

Coming up next edition — Council tax and empty properties: what landlords need to know between tenancies.

The Landlords Brief is published for UK landlords. Subscribe free at thelandlordsbrief.co.uk. This newsletter is for general information only and does not constitute legal or financial advice.