From 1 May 2026, fixed-term ASTs are abolished for new lets. Break clauses in existing ASTs fall away when those tenancies auto-convert to Periodic Assured Tenancies on that date.
What is a break clause?
A break clause is a contractual provision in a fixed-term tenancy agreement allowing one or both parties to end the tenancy before its contractual end date by serving notice. Common in 12-month ASTs, a typical landlord break allows exit from the six-month point with two months' notice.
Requirements for a valid break notice
- Correct timing: The notice must expire on or after the break date. A notice expiring one day early is invalid
- Rent day rule: The break date must usually coincide with a rent payment date, a break from the first of the month requires a notice expiring on the first of the relevant month
- Correct service: Serve on all named tenants, by recorded delivery or the method specified in the agreement, and keep proof
- Preconditions met: If the clause requires no unresolved repair notices, satisfy yourself before serving
- Do not accept rent beyond the break date: Accepting rent after the break date may waive the break and create a new periodic tenancy
Impact of the Renters' Rights Act 2025
- New lets from 1 May 2026: No fixed terms, no break clauses, all new lets must be Periodic Assured Tenancies from the outset
- Existing ASTs on 1 May 2026: Auto-convert to PATs. The fixed-term clause and any break clause fall away on conversion
- Break notices served before 1 May 2026 with break date before 1 May 2026: Valid and effective under the pre-commencement regime
- Break notices with a break date on or after 1 May 2026: Complex; seek legal advice, as the auto-conversion may override the contractual break
Alternatives: surrender
Where no break clause exists or the break date has not yet arrived, a mutual surrender agreed with the tenant is the fastest route to early termination. A deed of surrender, often combined with a financial incentive, can achieve vacant possession in weeks rather than the months required for Section 8 proceedings.
Sources
This guide is accurate as at 6 June 2026. It is provided for information purposes only and does not constitute legal advice.
