Leaving a tenancy
Break clause in a tenancy agreement
Since 1 May 2026 most private tenancies in England have no fixed term, so you don’t need a break clause to leave. Give your landlord two months’ notice in writing, at any point in the tenancy. To go sooner than that, you need the landlord to agree.
England only · Checked against GOV.UK on 23 October 2026 · Independent, not a government service
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Check a property freeWhy break clauses mattered before
Until 1 May 2026, most renters signed an assured shorthold tenancy with a fixed term, often six or twelve months. During that term you couldn’t give notice to leave unless the agreement had a break clause. If it did, you could end the tenancy early, but only on its terms: often not before a set month, and with a set amount of notice. Without one, you were tied in until the end date unless the landlord let you go.
What changed on 1 May 2026
- Most assured shorthold tenancies became assured periodic tenancies, rolling from one rent period to the next with no end date. Nobody had to sign anything.
- A term in a tenancy agreement that sets a fixed term now has no effect. An end date in an old agreement no longer applies, and a landlord can’t add one to a new agreement.
- You can leave on two months’ written notice at any point, ending on a rent day or the day before. The notice periods for tenants and landlords.
- A landlord can no longer end a tenancy with a break clause and a section 21 notice. They need a legal ground, and a court order if you don’t leave.
A few private tenancies kept their fixed term for a while: Shelter says these are ones where the landlord served a valid section 21 or section 8 notice before 1 May 2026. Every change in one place: the new landlord rules for 2026.
Where a fixed term can still apply
The end of fixed terms covers assured tenancies. GOV.UK lists the lets that can’t be an assured periodic tenancy, so a fixed term and a break clause may still matter in them:
- Your landlord lives in the same home, for example if you are a lodger. Lodger or tenant?
- Purpose-built student accommodation run under the national code of practice. Students in halls have different rules; students renting from a private landlord are likely to have an assured periodic tenancy.
- Council housing. Housing association tenancies also follow different rules.
- A tenancy with a fixed term of over 21 years, rent over £100,000 a year, or rent under £250 a year (under £1,000 in London).
- A business tenancy, a tenancy of licensed premises, or a holiday let.
A let to a company isn’t an assured tenancy either: the law says the tenant must be an individual.
How to leave sooner than two months
Ask your landlord. You can agree to end the tenancy early, or to a shorter notice period, but GOV.UK says it must be in writing. Until it ends, rent stays due, even if you have moved out. A landlord with a new tenant ready often agrees; nothing makes them.
Ending a tenancy by agreement is called a surrender. The formal way is a deed of surrender, signed by you and the landlord, witnessed, and saying the tenancy ends. Whatever form it takes, make sure the written agreement says the date the tenancy ends and what, if anything, you owe up to then.
If you just want to go on the normal notice, here is how to write a notice that works.
Early exit fees
The Tenant Fees Act allows one payment for leaving early: when the tenancy ends at your request without the notice you owe. Even then it is capped. The landlord can ask for no more than their actual loss, which GOV.UK puts at the rent they would have had with proper notice. An agent can ask for its reasonable costs of arranging it.
A clause in your agreement that charges more than that isn’t binding on you, even if you signed it. Ask for the money back in writing, and if that fails, tell your council.
What is a break clause in a tenancy agreement?
A term that let a tenant, and often the landlord, end a fixed-term tenancy early, usually after a set number of months and with a set amount of notice. Without one, a tenant on a fixed term couldn’t give notice to leave before the end date. Since 1 May 2026 most private tenancies in England have no fixed term, so a break clause has nothing left to do.
Are fixed-term tenancies still legal?
Not for an assured tenancy from a private landlord in England. The law now says a term that sets a fixed term has no effect, and the tenancy runs as a periodic one instead. GOV.UK puts it simply: an assured periodic tenancy can’t have an end date, and if a landlord writes one in, it won’t apply.
My agreement from before May 2026 has a break clause. Does it still apply?
Most assured shorthold tenancies became assured periodic tenancies on 1 May 2026, and the end date in the agreement stopped applying. With no fixed term to break, you don’t need the break clause: you can give notice at any time. If your agreement sets a notice period, GOV.UK says it usually still applies, so you may be able to give less than two months. You can never be asked for more.
Can I leave in the first six months?
Yes. There is no minimum term, so you can give two months’ notice at any point, including straight after you move in. A clause saying you can’t leave in the first six months is the kind of fixed term the law now cancels. The 12-month wait only applies to a landlord who wants to sell or move in.
Can my landlord charge me for leaving early?
Only if you leave without giving the notice you need, at your request. The landlord can then charge no more than they actually lose, and never more than the rent they would have had if you had given proper notice: two months at most. A letting agent can charge only its reasonable costs of arranging it. A flat early release fee on top is not allowed.
What is a deed of surrender?
A way to end a tenancy early by agreement. Surrender only works if the landlord agrees: they don’t have to. Shelter says an express surrender is a deed signed by the landlord and the tenant, with both signatures witnessed, saying the tenancy ends. Handing back keys can also end it if the landlord clearly accepts them as ending it, but keys through the letterbox don’t.
We are joint tenants. Can one of us leave early?
GOV.UK says one joint tenant can usually end the joint tenancy with notice, without the others agreeing, which ends it for everyone. A shorter notice period, or a surrender, needs every joint tenant and the landlord to agree. If you want a housemate swapped for someone new, everyone has to agree to that too. Talk to your housemates, and get advice, before anyone sends notice.
I’m a lodger. Do I still have a fixed term?
You can. A lodger isn’t an assured tenant, so the end of fixed terms doesn’t cover you. If your agreement has a fixed term and you leave before it ends, the Tenant Fees Act guidance says the landlord can charge up to the rent that would have been due for the rest of the term. Read your agreement for a break clause or notice period.
Where this comes from
GOV.UK’s guide to assured periodic tenancies for tenants, including how to end your tenancy, ending a tenancy that started before 1 May 2026 and rent and other payments; the Renters’ Rights Act overview for tenants; the guidance for landlords on when a tenant wants to leave; and the Tenant Fees Act statutory guidance, as amended by the Renters’ Rights Act. The law itself is section 4A of the Housing Act 1988, and section 4 and Schedule 1, paragraph 7 of the Tenant Fees Act 2019. Surrender and break clauses are from Shelter Legal on surrender of a tenancy and how a tenant ends an assured tenancy.
General information, not legal advice. If you are unsure where you stand, Shelter, Citizens Advice or your council can advise on your own case. RenterCheck is independent and not connected with the government.
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