A break clause in a tenancy agreement can be a powerful tool for landlords and tenants alike. In this guide, we'll explain how break clauses work, when they can be used, and what to look out for if you have one in your tenancy agreement. Let's dive in!
What is a break clause?
A break clause is a term in a fixed-term tenancy agreement that allows either the tenant or landlord to end the tenancy early - before the agreed-upon end date. While not legally required, break clauses can be helpful for tenants who may need flexibility and don’t want to be locked into a long-term lease.
How does a break clause work?
Gives both parties an option to leave early - but usually requires notice.
Terms must be clearly stated in the agreement, including how much notice must be given.
It may have conditions, such as rent being up to date or a minimum period before it can be used.
💡 Why it matters: If you’re signing a tenancy agreement, check whether it includes a break clause - this can provide peace of mind if your circumstances change. If you’re unsure about your rights, a tenancy agreement solicitor or letting agent can help clarify the terms.
Do all tenancy agreements have a break clause?
No, not all tenancy agreements include a break clause. While some landlords choose to add one for flexibility, break clauses are not a legal requirement - so they won’t always be in your contract.
If your tenancy agreement doesn’t have a break clause, you’ll usually have to wait until the fixed term ends before you can leave, unless you negotiate with your landlord or have another legal reason to end the tenancy early.
💡 Tip: If you can’t find a ‘break clause’ in your contract, don’t panic. The ability to leave your contract early, or your landlord to terminate it, won’t always be dressed formally as a break clause, but it may be included in other language. Just look for anything around leaving your contract early, this might be referred to as ‘giving notice’, ‘notice period’ or ‘terminating the contract’.
When can a break clause be used?
A break clause in a tenancy agreement can only be used when the conditions set out in the tenancy agreement are met.
For tenants
Giving notice: Tenants must follow the notice period stated in the contract. Some agreements only allow notice to be given at a specific point, meaning you may have just one opportunity to use the break clause.
Joint tenancies: If you’re in a joint tenancy, all tenants must agree to use the break clause if one person wants to leave. In some cases, the contract may allow one tenant to be replaced without ending the tenancy - but this is usually the leaving tenant’s responsibility to arrange.
For landlords
For landlords, the ability to trigger a break clause depends on the terms set out in the tenancy agreement. The contract will outline when and how the landlord can use the break clause to end the tenancy. However, landlords must follow strict legal procedures, including providing tenants with at least two months’ notice before they are required to leave.
To legally end the tenancy, landlords must issue a Section 21 notice, which cannot be served within the first six months of a tenancy. This notice informs the tenant that the landlord intends to take back the property. The reason for doing so - such as wanting to move in, sell, or redevelop the property - will be clearly stated, along with confirmation that the break clause is being used.
Tenants should carefully check their contract for any extra conditions that the landlord must meet when enforcing a break clause. If the landlord fails to follow the correct legal steps, tenants may have the right to challenge the eviction. In such cases, the landlord would need to apply to the courts for a repossession order before they could take back the property.
How early in the tenancy can you have a break clause?
The earliest you can use a break clause depends on the terms of your tenancy agreement. Most break clauses state that they cannot be used within the first six months of a fixed-term tenancy. This means you would typically need to wait at least six months before giving notice to end the agreement early.
Some contracts might have specific conditions, such as only allowing the break clause to be used after a set period (e.g. after 12 months in a 24-month tenancy) or on a particular date.
💡 Tip: Always check your tenancy agreement to see when and how you can use the break clause. If you're unsure, a legal expert or letting agent can help clarify your options.
Can you leave early without one?
If your tenancy doesn’t have a break clause, leaving early can be more complicated. In most cases, you’ll be legally bound to stay until the end of the fixed-term agreement, unless you can negotiate an early exit with your landlord. Plus, leaving early without permission could mean losing your deposit or being responsible for rent until a new tenant moves in.
Alternatives to using a break clause to end a tenancy
Speaking to your landlord: Some landlords may agree to end the tenancy early if you find a suitable replacement tenant.
Surrendering the tenancy: If both you and the landlord mutually agree to end the contract, you can sign a deed of surrender to make it official.
Tenant swap (for joint tenancies): If you share the property, your contract may allow one tenant to be replaced without ending the tenancy.
👉For more advice, head to our guide on how to get our of a tenancy agreement early.
How is a break clause implemented
A break clause must be used correctly to be legally valid. Whether you’re a tenant or landlord, you must follow the exact process outlined in the tenancy agreement. If either party fails to follow the correct process, the break clause may not be valid, which could lead to delays or legal issues.
For a break clause to fully take effect and a tenancy to be ended, you'll need to leave the property and take all your belongings with you. Most break clauses will only be valid when the property, including communal areas, is returned in the same condition it was in at the start of the tenancy. If it isn’t you may lose some or all of your deposit depending on the damages.
Check the contract: Ensure the break clause is included and confirm the notice period and conditions required.
Give the correct notice: The tenant or landlord must provide written notice within the agreed timeframe. This is usually at least one or two months’ notice, depending on the contract.
Meet all tenancy conditions: For tenants, this may mean ensuring rent is paid up to date and the property is returned in good condition.
Use the correct legal process: Landlords must issue a Section 21 notice if they are ending the tenancy and must give at least two months’ notice.
Confirm the end date: Both parties should agree on a clear move-out date to avoid disputes.
What should be included in a break clause?
A well-written break clause should clearly outline the terms under which the tenancy can be ended early. A clear and well-defined break clause helps avoid disputes and ensures a smooth process if either party wants to end the tenancy early. Key details include:
Who can use it? Does the break clause apply to both the landlord and tenant, or just one party?
When can it be used? Some agreements only allow a break clause after six months or a set period.
How much notice is needed? Typically, one or two months' notice must be given in writing.
Any conditions that must be met? For example, the tenant must not have rent arrears or must return the property in good condition.
FAQs
Is it legal for there to be no break clause in a tenancy agreement?
Yes, there is no legal requirement for a break clause to be included in a tenancy agreement, and many rental contracts will not include a break clause as standard. The renter then will be responsible for paying the agreed rent for the length of the tenancy. If you would like a break clause to be included in your contract, this is something you need to negotiate with your landlord.
Can my landlord evict me with a break clause?
Yes, a break clause does not restrict a landlord from evicting a tenant. If a tenant breaks their tenancy agreement a landlord can evict them if they follow the correct legal procedures. If your landlord wants to evict you they will need to serve a Section 8 notice under the Housing Act 1988. Your landlord will have to give a reason in line with these regulations in order to legally evict you before your break clause comes into play, and you have the right to leave by your own choice.
What is a reasonable break clause?
All break clauses are worded differently. They vary on how specific they are, some will only list the amount of notice needed, others will specify when a break clause can be triggered and when it no longer applies.
Most break clauses will have a fixed notice period of two months. So, if your break clause is less you may want to negotiate with your landlord if you want to leave sooner, preferably before signing your contract.
Can a landlord refuse to let a tenant use a break clause?
No, as long as the tenant follows the conditions set in the contract (e.g., giving the correct notice and meeting any other terms), the landlord must honour the break clause.
Does a break clause mean I can leave at any time?
Not necessarily. Most contracts only allow the break clause to be used after a set period (e.g. six months) and require a notice period before leaving.
Can a break clause be challenged?
Yes. If the correct legal process isn’t followed, the other party may challenge the break clause. For example, if a tenant doesn’t give enough notice or a landlord fails to follow Section 21 procedures, the break clause may not be valid.
Final thoughts
A break clause can provide much-needed flexibility for both tenants and landlords, but it must be used correctly to be legally valid. Whether you want to end a tenancy early or simply understand your rights, always check your tenancy agreement carefully and follow the required process.
💡 Need legal advice on break clauses? Speak to a landlord solicitor to ensure you handle everything correctly and avoid potential disputes.
References
Private renting for tenants from Gov.UK
Evicting tenants in England from Gov.UK
