What is a break clause?

A break clause is a part of the tenancy agreement that gives the landlord and/or the tenant an option to terminate the contract earlier than the fixed term of tenancy.

Can I include a break clause?

Yes, you can ask for a break clause to be included in the contract.

The minimum rental length is 6 months (assured short-hold tenancy). A break clause allows you to break your contract after this time.  

Both the landlord and/or the tenant must give at least 1 months’ notice (usually 2 months’ notice).

Example: you can have a 2 year (24 months) contract, but include a 6 month break clause. You can give notice on the 4th month and move out of your home after 6 months.

What type of break-clause can I ask for?

One-sided vs Mutual

  • One-sided: a break clause that can be actioned either landlord-only or tenant-only.
  • Mutual: a break clause allowing both the tenant and/or the landlord to end the tenancy after the 6-month period.

Unconditional vs Conditional 

  • Conditional:  A break clause that may have certain conditions attached.
  • Unconditional:  A break clause where there is no requirement on either party to have met any conditions, except correctly serving 2 months’ notice.

Note: A break clause is beneficial for a landlord since they can evict the tenant if they are not happy with them. It is beneficial for a tenant since they would not need to commit for more than 6 months in case they need or would like to leave.

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