Important: The law on private tenancy break clauses changed in England on 1 May 2026 and this article has been updated since first publication in 2023.
Most private assured shorthold tenancies became assured periodic tenancies and new private assured tenancies generally cannot have a fixed term, therefore a break clause no longer applies.
Break clauses can still apply in commercial agreements and social housing tenancies, but this article will not cover these.
Summary: Tenancy break clauses in England
- A tenant in a private assured periodic tenancy can normally end the tenancy by giving two months’ written notice, unless the landlord and tenant have agreed a shorter notice period in writing, as of 1 May 2026.
- A private landlord cannot use a no-fault break clause to end a current private assured periodic tenancy without a reason, since the Renters’ Rights Act came into force on 1 May 2026.
- Section 21 ‘no-fault’ notices are no longer available for the relevant private tenancies.
- Section 8 notices let landlords reclaim their property based on statutory grounds, including the need to move into or sell the property. Both of these grounds require four months’ notice and a landlord cannot use these reasons within the first 12 months of a new tenancy agreement.
No matter how the UK economy performs, the rental market is always likely to thrive. Official estimates from the Ministry of Housing, Communities and Local Government put the private rented sector at over 5 million homes. London has more private renters (29%) compared to the rest of England (17%), according to the most recent English Housing Survey.
A break clause used to feature in a good proportion of renters’ tenancy contracts. In this guide, I’ll run through what to look for and watch out for since the rules changed on 1 May 2026.
Tenancy agreements
If the property you are renting or letting out used to have a break clause, with various terms and conditions, you’ll find them in the tenancy agreement.
While Citizens Advice says that this contract can be written or verbal, I’d always recommend having one in writing, regardless of whether you’re a landlord or a tenant.
- A written tenancy contains a long list of ‘express terms’ which include things like tenancy start date, duration, rent – and the break clause, if there is one.
- The law also stipulates that there are several ‘implied terms’ in a tenancy agreement. There doesn’t have to be a specific agreement on these matters between the landlord and tenant because they’re given by law.
For example, tenants must not cause deliberate damage and landlords must have basic repairs carried out when necessary – these are implied terms.
Seasoned professionals with years of real estate experience should provide comprehensive tenancy agreements every time, for the benefit of both parties.
A tenancy agreement document for most private assured tenancies in England may still contain wording referring to a fixed term with a break clause. However, as per the government’s Renters’ Rights Act guidance, that wording no longer applies and instead, a tenant can give two months’ notice to end the tenancy at any time.
A new written tenancy agreement is not required, but the landlord or their managing agent should have provided the tenant with the government’s Renters’ Rights Act Information Sheet before 31 May 2026.
How tenants can choose to leave post-May 2026
For most private rented properties in England, the tenancy is now an assured periodic tenancy. This means it runs on a rolling basis, usually monthly, rather than ending automatically on a fixed date.
If you are a tenant and want to leave, you can give two months’ written notice. You continue paying rent during the notice period.
You and the landlord can agree in writing to use a shorter notice period or to end the tenancy on an earlier date.
If you are a landlord, you cannot use a break clause or a section 21 notice to end a current private assured periodic tenancy without a reason. Section 21 ‘no-fault’ notices are no longer available for the relevant private tenancies.
Section 8 notices let landlords seek possession of their property based on one or more statutory grounds, including the need to move into or sell the property. For more details, read my recent guide on Section 8 Notices And Others Post-Renters’ Rights Act: How To Serve.
Break clause meaning: How it worked pre-May 2026
So, what was a break clause in a private rental tenancy and how did it work? It permitted either the tenant or landlord to end the contract earlier than originally stipulated in the default fixed term.
To do so, the individual had to give a pre-agreed period of notice that they intended to activate the break clause.
The tenancy agreement defined the earliest date when the landlord or tenant could exit the contract.
It specified how much notice they were required to give and whether this needed to be in writing or not.
The 6 month break clause
One of the most common break clause lengths was six months. So what did that mean in terms of the tenancy agreement?
Let’s say that a tenant found a property they like, made an offer, had it accepted, gone through all the essential checks and signed the contract.
They and the landlord have agreed to a one year tenancy agreement. The tenant then writes their moving house checklist, packs up their things and moves into their new home on the first day of their tenancy.
This one year contract gave the tenant permission to live in the landlord’s property for 12 months from the agreed start date. Before the year was over, both parties could agree to extend the tenancy by another year, and so on.
So, what if there had been a six month break clause in the contract? That means that either the tenant or the landlord could have cut short the tenancy duration, so that it ended after as early as six months instead of 12.
Notice periods
Now instead, there’s a two month notice period if the tenant wants to leave at any time.
In this scenario, if the tenant wants to leave the contract after six months, they would need to advise the landlord at least two months in advance.
So in other words, to leave at the end of the sixth month, they would need to confirm at the end of the fourth month.
Break clauses: Pros
A break clause was a good option for a landlord to have included in a private rental contract because:
- If your personal circumstances change at short notice, you have the flexibility to shorten the length of the contract. For example, if you now want or need to live in the property you had let out, you can use the break clause to bring your tenant’s stay to an end.
- If you receive an attractive offer to sell from a buyer looking to take the property off your hands, but they’re not prepared to wait until your tenant’s stay has reached its natural conclusion, you could use the break clause to curtail it.
- If your relationship with the tenant has deteriorated – perhaps because they’re not looking after the property as well as expected – you can protect your investment by asking them to leave early.
For similar reasons, many tenants wanted to see a break clause in the contracts they sign, because:
- If your circumstances change e.g. you get a new job in a different city and need to move there, the break clause means you’re not tied into the original contract length.
- If living in the property hasn’t matched your expectations after a few months, a break clause gives you the flexibility to end the agreement early and find somewhere else to rent instead.
Break clauses: Cons
The disadvantages of a break clause have a common theme – the unexpected change of circumstance at relatively short notice.
For landlords, a tenant activating a break clause meant there was less time than expected to find a new one.
This risked leaving the property empty, not earning rental income.
Similarly, for tenants, having a break clause in a tenancy agreement meant there was more chance of their stay ending earlier than expected.
But at least in London, there are plenty of properties coming onto the market on a regular basis, as other tenants come and go.
FAQs: Tenancy break clauses since May 2026
Do break clauses still apply to private tenancies after 1 May 2026?
No, even if a private tenancy agreement signed before 1 May 2026 still mentions a break clause, it no longer applies. Now, a tenant gives two months’ notice to leave at any time.
A landlord giving notice needs to have a valid reason via Section 8, such as wanting to sell or move into the property. Both of these reasons require four months’ notice.
Can a tenant give two months’ notice during the first six months?
Yes, since 1 May 2026 most private tenancy agreements are periodic from the outset, with no fixed minimum term.
Even if a private tenancy agreement signed before 1 May 2026 still mentions a fixed term before the tenant can leave, it no longer applies.
Final thoughts: Break clauses
I hope this article has answered your questions around break clauses. There are plenty of other useful articles for both landlords and tenants on our blog too.
These include:
If you’re a tenant or landlord with any follow-up queries about break clauses, or you’d like to ask about something in our portfolio, we are here for you! Please don’t hesitate to get in touch.
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