A six month break clause gives both landlords and tenants flexibility by allowing them to end a tenancy early under certain conditions. Whether you're renting a property or letting one out, knowing how break clauses work can help you plan ahead and avoid surprises. In this guide, we’ll explain what a six-month break clause is, how it works, and what it means legally.
What is a six month break clause?
A six month break clause is a clause in a tenancy agreement that allows either the tenant or the landlord (or both) to terminate the tenancy after six months. It is commonly included in assured shorthold tenancy (AST) agreements in the UK, particularly in fixed-term contracts that last for 12 months or longer.
👉 You can learn more about standard break clauses in our complete legal guide.
How does a six month break clause work?
A six-month break clause allows either the tenant or landlord to end the tenancy early, as long as they follow the correct notice process. This typically requires the person ending the tenancy to give written notice, usually at least two months in advance, though the exact notice period and conditions depend on the wording of the tenancy agreement.
If the break clause is exercised correctly, the tenancy will end on the specified date, and the tenant will be expected to vacate the property. If the tenant remains beyond this date, the landlord may need to take legal action to regain possession. To avoid misunderstandings, it's important for both parties to carefully check the tenancy agreement and ensure they meet all notice requirements.
Six month break clause real life example
There’s no standard format for a six month break clause. In general, the terms depend on what’s written in the tenancy agreement. In most cases, a break clause can only be used after a certain point in the tenancy. For example:
Some agreements allow either party to end the tenancy early, but only after the six month mark.
Others may let you end the tenancy at the six-month mark, but only with a set notice period (e.g. two months).
💡 Top tip: Always check your tenancy agreement to understand when and how you can use a break clause.
Pros and cons of a six month break clause
Pros ✅ | Cons ❌ |
|---|---|
Provides flexibility for both landlords and tenants | Creates uncertainty for landlords as tenants may leave earlier than expected |
Allows tenants to leave without facing financial penalties if their circumstances change | If used by a landlord, tenants may feel insecure about their housing situation |
Helps landlords to regain possession sooner if they need the property back | Could lead to increased turnover and additional costs for landlords in finding new tenants |
Reduces the risk of tenants staying in a property when they no longer wish to remain there | If not clearly worded, disputes can arise regarding the correct notice period |
Why would a tenant want a break clause in the contract?
For tenants, a break clause provides flexibility in case their circumstances change. Reasons a tenant might request a break clause include:
Job relocation or employment changes
Financial difficulties
Changes in personal circumstances such as relationships or family needs
Dissatisfaction with the property or landlord
Uncertainty about their long-term plans
Why would a landlord want a break clause in the contract?
Landlords may include a break clause in a tenancy agreement for various reasons, including:
To have the option to regain possession if they decide to sell the property
To remove tenants who may not be a good fit without waiting for the full fixed term
To retain control over their property in case their financial or personal circumstances change
To ensure they can conduct major renovations or repairs sooner if needed
Can you still be evicted with a break clause?
Yes, a tenant can still be evicted if a break clause exists, but the landlord must follow the legal eviction process. A break clause does not override eviction laws, meaning a landlord must serve proper notice and obtain a court order if the tenant refuses to leave. If a landlord wants to evict a tenant before the six-month break clause can be exercised, they must use a Section 8 notice. Landlords also need to provide valid legal grounds, such as rent arrears or anti-social behaviour.
If in doubt, seek help from a dedicated eviction solicitor who can guide you through the entire process.
How to trigger a break clause
To trigger a break clause, the tenant or landlord must follow these steps:
Check the tenancy agreement: Ensure that the break clause exists and review the terms, including the notice period and any conditions attached to it.
Provide written notice: The party wishing to terminate the agreement must provide written notice within the specified timeframe (usually two months before the desired termination date). This notice should be in writing, signed, and clearly state the intention to end the tenancy under the break clause.
Deliver the notice correctly: Notices should be delivered using a method specified in the contract, such as email, post, or hand delivery. Keeping proof of delivery (such as recorded mail or an email receipt) is advisable to avoid disputes.
Confirm receipt of notice: The recipient (landlord or tenant) should acknowledge receipt in writing to avoid any disagreements about whether proper notice was given.
Ensure compliance with conditions: Some break clauses require conditions to be met, such as all rent being up to date or the property being left in good condition. If these conditions are not met, the break clause may be deemed invalid.
Prepare for the move-out process: If the tenant is leaving, they should arrange for an inventory check, settle any outstanding payments, and return the property in the agreed condition. Landlords should also prepare for re-letting or reclaiming possession of the property.
For more advice, head to our guide on serving notice on a tenant for top tips.
Legal implications of a six month break clause
Break clauses must be clearly written and enforceable to avoid legal disputes. Common legal issues include:
Unclear wording: If the break clause is not clearly drafted, it may be open to interpretation. This can lead to disagreements between landlords and tenants.
Unfair contract terms: A break clause must be fair and comply with the Consumer Rights Act 2015. Any clause that disproportionately benefits one party may be deemed unfair and unenforceable.
Failure to comply with notice requirements: If proper notice is not given, the break clause may not be valid, which could leave one party bound to the full term of the tenancy.
Legal challenges: If a tenant or landlord disputes the validity of a break clause, they may challenge it in court. Courts will assess the fairness and enforceability of the clause based on contract law principles.
Financial penalties: If a tenant leaves before the break clause can be legally exercised or without fulfilling required conditions, they may be held liable for unpaid rent or other costs.
Landlord obligations: If a landlord attempts to force a tenant to leave without properly exercising the break clause, it may be considered an unlawful eviction, leading to legal repercussions.
FAQ
Is a six month break clause mandatory in tenancy agreements?
No, a six month break clause is not a legal requirement but is often included in fixed-term agreements to provide flexibility.
Can a landlord refuse a tenant’s request to use a break clause?
If the break clause is clearly stated in the contract and the tenant follows the correct procedure, the landlord cannot refuse.
Do tenants still have to pay rent after invoking a break clause?
Yes, tenants must continue paying rent until the break clause date and ensure they comply with any conditions stated in the tenancy agreement.
Can a break clause be added after a tenancy agreement is signed?
No, unless both the tenant and landlord agree to modify the contract and sign a formal amendment.
Final thoughts
A six-month break clause can be a great option for both landlords and tenants, offering flexibility if circumstances change. However, it’s important to make sure the clause is clearly written, fair, and legally enforceable to avoid disputes.
If you're a tenant wanting to leave early or a landlord looking for security, understanding how break clauses work will help you manage your tenancy with confidence. If you're unsure about your rights or obligations, it’s always a good idea to seek legal advice.
References
Use a break clause to end a fixed term tenancy early from Shelter
