Break Clause

Break Clause is a provision in a tenancy agreement allowing either landlord, tenant, or both to terminate before the fixed term ends, typically structured as "6+2" (6-month minimum, 2 months' notice). Break clauses provide flexibility within fixed-term ASTs, though from 1 May 2026 under the Renters' Rights Act 2025, all tenancies become periodic by default, making traditional break clauses less relevant as tenants can give 2 months' notice at any time.

How Break Clauses Work

A typical break clause might state:

• "Either party may end this tenancy after 6 months by giving 2 months' written notice"
• The tenancy must have run for the minimum period before the break can be exercised
• Notice must be given correctly for the break to be valid

Types of Break Clauses

Mutual break: Either landlord or tenant can activate

Tenant-only break: Only the tenant can end early

Landlord-only break: Only the landlord can end early (less common)

Common Break Clause Terms

• 6+2: After 6 months, with 2 months' notice
• 12+2: After 12 months, with 2 months' notice
• Rolling break: Can be exercised at any time after the initial period

Exercising a Break Clause

To validly exercise a break clause:

1. Check the exact wording in the tenancy agreement
2. Calculate the correct notice period
3. Serve notice in the specified manner (usually writing)
4. Ensure any conditions are met (e.g., rent paid up to date)

For Letting Agents

Key considerations when including break clauses:

• Clearly draft the clause to avoid ambiguity
• Explain implications to both landlord and tenant
• Track break clause dates in your management system
• Advise landlords on market conditions when breaks approach
• Note: Under the Renters' Rights Act 2025, break clauses become less relevant as tenancies become periodic by default