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Break Clause

  • A tenancy agreement clause permitting either or both parties to prematurely end or break their tenancy agreement.
  • This said, there is an exception to this rule:
    • within the first 6 months of an AST only the tenant can enforce a break clause.
    • The landlord must be content to wait 6 months before the courts will permit him to attempt to end the tenancy, with or without a break clause despite the inclusion of the break clause in the AST.  Statute prevails over contract!
  • With mutual agreement, no minimum notice period is required. Should just one party disagree, then the legal procedures must be carefully followed.
Published: 21 October 2013 Last Updated: 17 November 2021