Why it matters
What Break Clause means for a landlord
Break clauses were the standard safety valve inside a 12-month AST, giving either party a contractual early-exit right. With fixed-term ASTs gone for most residential lets in England, a tenant can end a periodic tenancy with two months’ notice at any time, the legal mechanism the break clause used to perform. Landlords who copy old template clauses into new assured periodic agreements are drafting around a regime that no longer exists; the risk is that outdated language causes confusion at end-of-tenancy.
Worked example
How it plays out
In 2025 Sam granted a 12-month tenancy in Norwich with a break clause allowing either side to end it after six months on two months’ notice. On 1 May 2026 the tenancy became an assured periodic tenancy and the fixed term fell away, taking the break clause with it. In June Sam decides to sell. The break clause gives him nothing, so he serves notice on Ground 1A, which needs four months’ notice. His tenant, meanwhile, can leave at any point on two months’ notice.
Common mistakes
Where landlords go wrong
- 01Copying a break clause into a new assured periodic tenancy agreement and relying on it.
- 02Telling a tenant they must wait for a break date before giving notice.
- 03Forgetting that a landlord who wants possession needs a Section 8 ground, whatever the agreement says.
What to do
A short checklist
- Remove fixed-term and break clauses from your residential tenancy templates.
- If you want a property back, check the ground and its notice period before you plan a sale or a move.
- Keep break clauses for lets that genuinely sit outside the Housing Act 1988, such as a let to a company.
Sources
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
