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Break clause date
Work out the earliest break-clause date and the notice service deadline for a let that can still have a fixed term, such as a company let. Since 1 May 2026 an assured tenancy in England cannot have a fixed term, so it has no break clause.
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Not for an assured tenancy. Since 1 May 2026 an assured tenancy cannot have a fixed term, so it has no break clause to use: a tenant ends it with two months’ notice and a landlord needs a Section 8 ground. This is for lets outside that system, such as a company let or a rent over £100,000 a year.
Tenancy
Break clause terms
The defaults are a common pattern for a 12-month fixed term: a break from month 6 on 2 months’ notice. Read your agreement before relying on either field.
Earliest lawful move-out date: 17 January 2027
Break clause activates on 17 January 2027 (92 days from today).
Notice deadline for the target move-out: 17 December 2026 (61 days from today). Serve in writing, keep proof of service.
Key dates
- Tenancy start
- 17 July 2026
- Earliest break activation
- 17 January 2027
- Target move-out
- 17 February 2027
- Latest notice service date
- 17 December 2026
- Earliest lawful move-out today
- 17 January 2027
- Read the break clause word-for-word before serving notice. Some clauses require the notice to expire on a specific day of the month, on a rent-payment day, or only after the contractual minimum.
- Since 1 May 2026 every assured tenancy in England is periodic (Housing Act 1988 s.4A, inserted by the Renters’ Rights Act 2025), including those that began as fixed-term ASTs. A fixed term or break clause in one has no effect. Break clauses still work in lets that are not assured tenancies, such as company lets, rents over £100,000 a year and some resident-landlord lets.
- A break clause ends the contract; it is not an eviction. If the occupier does not leave, you still need a court order, except in narrow cases such as a lodger who shares your home.
- Save proof of service (Royal Mail signed-for receipt, hand-delivery photo, email read-receipt). Disputes turn on whether notice was effectively served, not whether it was sent.
Next: The tenancy, the signed agreement, the rent and the deposit stay together for each property.
Get startedBackground
Break clauses after the Renters’ Rights Act 2025
A break clause is a term in a fixed-term tenancy that lets one or both sides end it before the agreed end date. It exists only because the agreement says so: there is no statutory right to break a fixed term.
Since 1 May 2026, a term of an assured tenancy in England is of no effect so far as it makes the tenancy fixed-term, and the tenancy runs as a periodic tenancy instead (Housing Act 1988 s.4A, inserted by the Renters’ Rights Act 2025). Existing assured shorthold tenancies converted on the same day. So an assured tenancy has no fixed term and no break clause to use: a tenant ends it by giving two months’ notice, and a landlord can only recover possession on a Section 8 ground.
Break clauses still matter in lets that are not assured tenancies. The main ones are a company let, because an assured tenancy needs the tenant to be an individual; a let where the rent is more than £100,000 a year (Housing Act 1988 Schedule 1); a let by a resident landlord; and a holiday let. The calculator is also useful for checking dates on an agreement that ended before 1 May 2026.
Where a break clause does apply, the dates are unforgiving. A clause typically requires that its first possible date has been reached, that the notice period has been given in full, and sometimes that the notice ends on a particular day, such as the last day of a rent period. A notice that ends on the wrong day, or arrives a day late where time is of the essence, can fail and leave you waiting for the next valid date.
Serve the notice in writing, to the address for service in the agreement, by a method the agreement allows. Signed-for post or hand delivery with a dated photograph are the safe choices; email only if the agreement provides for it. Keep proof: disputes turn on whether the notice arrived, not on whether it was sent.
A break clause ends the contract; it is not an eviction. If the occupier does not leave, a landlord still needs a court order to remove them, except in narrow cases such as a lodger who shares the landlord’s home.
Step by step
How to calculate the earliest break-clause date and notice deadline
Work out when a break clause can first be used and the latest date to serve notice to hit a target move-out date, for a let that can still have a fixed term.
- 1
Check the let can still have a fixed term
An assured tenancy cannot, since 1 May 2026. A company let, a rent over £100,000 a year, a resident-landlord let or a holiday let can.
- 2
Read the break clause word-for-word
Note the first date it can be used (for example “after the sixth month”), the notice period, and any wording that the notice must end on a particular day or that time is of the essence.
- 3
Enter the tenancy start date
Use the start date in the agreement. The first break date is counted from it.
- 4
Enter the break point in months
Take it from the clause. Six months into a 12-month term is a common pattern, but agreements differ.
- 5
Enter the notice period
Take it from the clause. One or two months is common. Check the agreement before serving.
- 6
Pick a target move-out date
The calculator shows whether the target is on or after the first break date, and the latest date to serve notice to hit it.
- 7
Serve in writing and keep proof
Signed-for post or hand delivery with a dated photograph. Email only if the agreement allows it.
Questions
Frequently asked questions
Can an assured tenancy still have a break clause?
No. Since 1 May 2026 a term making an assured tenancy fixed-term has no effect and the tenancy is periodic (Housing Act 1988 s.4A). A tenant can end it with two months’ notice, and a landlord needs a Section 8 ground. Existing assured shorthold tenancies converted on 1 May 2026.
Which lets can still use a break clause?
Lets that are not assured tenancies: most importantly a company let, where the tenant is a company rather than an individual, and a let with rent over £100,000 a year. Resident-landlord lets and holiday lets are also outside the assured system.
How early can a break clause be used?
Only as early as the clause allows. If it says the break can be used after the sixth month, it cannot be used in month four. With no break clause, a fixed term can only be ended early by agreement between both sides (a surrender).
How much notice does a break clause need?
Whatever the clause says. One or two months in writing is common. Allow for the notice to be received, not just sent, if you post it.
Can a landlord use a break clause to make an occupier leave?
A break clause ends the contract, but it does not let a landlord remove anyone. If the occupier stays, the landlord needs a court order, except in narrow cases such as a lodger who shares the landlord’s home.
Does a break notice have to end on a rent day?
Only if the clause says so. Read it carefully: a notice that ends on the wrong day can fail, leaving you to serve again for a later date.
What is the safest way to serve a break notice?
In writing, to the address for service in the agreement, by a method the agreement allows. Signed-for post or hand delivery with a dated photograph are the safe defaults; email only if the agreement provides for it. Keep the proof.
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