Break clauses have been a standard feature of fixed-term tenancy agreements for years. They give either the landlord or the tenant, or both, the right to end the tenancy early before the fixed term expires. But with the Renters' Rights Act 2025 abolishing fixed terms entirely, what happens to break clauses? This guide explains everything you need to know.
What Is a Break Clause?
A break clause is a provision in a fixed-term tenancy agreement that allows one or both parties to end the tenancy before the fixed term expires. A typical break clause might read: "Either party may terminate this agreement after the first six months by giving two months' written notice." Without a break clause, neither party can end a fixed-term tenancy early unless both agree, the tenant surrenders the tenancy, or the landlord obtains a court order on specific grounds.
Break clauses have been popular because they balance certainty with flexibility. The landlord knows the tenant is committed for at least part of the fixed term, while both parties have an exit route if circumstances change.
How Break Clauses Work Currently
For a break clause to be validly exercised, several conditions must typically be met:
- The notice must be given in writing
- The correct notice period must be given as specified in the clause
- The notice must be given at or after the earliest permitted date
- Any conditions must be satisfied, such as the tenant having paid all rent due
- The notice must clearly state the intention to end the tenancy
If these conditions are not met precisely, the break notice may be invalid and the tenancy continues for the remainder of the fixed term.
The Renters' Rights Act Changes Everything
The Renters' Rights Act 2025 (c. 26) abolishes fixed-term tenancies. From 1 May 2026, all residential tenancies in England are periodic, rolling month to month. Since break clauses only have meaning in the context of a fixed term, they become entirely redundant when there is no fixed period to break out of.
Under the new system, the tenant can end the tenancy at any time by giving two months' written notice. There is no minimum stay requirement. This effectively gives the tenant a permanent, statutory break right from day one.
What About Landlords?
Before the RRA, a landlord could use a break clause to end a fixed-term tenancy early. From 1 May 2026, landlords cannot end a tenancy by notice alone. The only route to possession is through Section 8 of the Housing Act 1988, using one of the specified grounds. The concept of a landlord's break clause is replaced entirely by the Section 8 process.
This is a significant change. Under the old system, a landlord with a break clause could end a tenancy by giving notice, and if the tenant did not leave, could rely on Section 21. Under the new system, the landlord must have a specific legal reason, must serve the correct Section 8 notice, and must apply to the court if the tenant does not leave.
Existing Break Clauses in Current Agreements
If you have a tenancy agreement with a break clause signed before 1 May 2026, the break clause ceases to have practical effect on commencement day. The fixed term has been converted to a periodic tenancy by the RRA, so there is no fixed term to break. The break clause becomes a dead letter.
You do not need to formally remove the clause from the agreement. It is overridden by legislation. However, having obsolete clauses can cause confusion, which is one reason updating to an RRA-compliant periodic tenancy agreement is recommended.
What Should You Focus On Instead?
Break clauses should not be a major concern for landlords preparing for the RRA. The key things to focus on are understanding the Section 8 grounds for possession, knowing the correct notice periods for each ground, being aware of the 12-month restriction on Grounds 1, 1A, and 6, and having a properly drafted periodic tenancy agreement that reflects the current law.
Take Action
Get a clean, RRA-compliant periodic tenancy agreement with no obsolete clauses. Generate your complete document pack — 14 essential documents for £29.99, pre-filled with your details.
Learn about the new possession process in our guide on how landlords can still regain possession under the RRA, or use our Notice Period Calculator to check notice periods for each Section 8 ground.