Quick answer
For private assured tenancies in England from 1 May 2026, break clauses are generally no longer needed. Tenancies are now assured periodic with no fixed term, so a tenant can leave at any time by giving 2 months' notice, and a landlord can only end the tenancy using a section 8 ground. Any break clause in an old fixed-term agreement is effectively overtaken by these rules. Break clauses still matter in non-assured arrangements, such as some company lets and commercial leases.
- No fixed term means no need for a break clause in a private assured tenancy.
- Tenants can leave with 2 months' notice at any time.
- Landlords cannot use a break clause to avoid section 8 grounds.
- Break clauses can still apply to some non-assured lets.
What a break clause did
Under assured shorthold tenancies, a common arrangement was a 12 month fixed term with a 6 month break clause. After 6 months, either side could end the tenancy early by giving the notice set out in the clause, usually 2 months. Without a break clause, a tenant was normally tied in for the whole fixed term.
What changed on 1 May 2026
| Before (AST) | Now (assured periodic) | |
|---|---|---|
| Fixed term | Common | Not allowed |
| Tenant leaving early | Only with a break clause or agreement | 2 months' notice at any time |
| Landlord ending early | Break clause, then section 21 | Section 8 ground only |
| Need for break clause | Often essential | Generally none |
If your agreement from before May 2026 contains a break clause, the tenancy has become an assured periodic tenancy. The tenant can give 2 months' notice whether or not a break date has passed, and the landlord must use a legal ground to end it.
How tenants leave now
- Give notice in writing, for example by letter, email or text, to the address for notices in your agreement.
- Give 2 months' notice, ending on a rent day or the day before.
- Keep paying rent until the notice ends.
- Arrange a check-out inspection and return the keys. See preparing for move out.
You can agree a shorter notice period with your landlord in writing. On a joint tenancy, one tenant's notice can end it for all, so talk to housemates first. See joint tenancies.
What landlords should do with old templates
Remove break clauses, fixed terms and minimum terms from residential templates for England. Relying on a break clause to end a tenancy will not work, and confusing wording can lead to disputes. Use an assured periodic tenancy agreement instead, and plan any possession around the section 8 grounds.
Where break clauses still apply
- Commercial leases of shops, offices and industrial units.
- Some company lets where the tenant is a company, not an individual.
- Lettings that fall outside the assured tenancy rules, such as rent over £100,000 a year.
- Properties in Wales, Scotland or Northern Ireland, which have their own rules.
Common questions
Can I add a break clause to a new tenancy agreement?
For a private assured tenancy in England, there is no fixed term to break, so a break clause serves no purpose. Tenants can already leave with 2 months' notice.
My agreement has a 6 month break clause. Do I have to wait?
No. Since 1 May 2026 you can give 2 months' notice at any time on an assured periodic tenancy.
Can a landlord use a break clause to end my tenancy?
No. A landlord must use a section 8 ground and, if you do not leave, get a court order.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
Use an agreement without outdated clauses
Create an assured periodic tenancy agreement for England with no fixed term or break clause wording.
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