(England)
This document is no longer required for residential tenancies. Here's what now applies — and where to find the right template.
The Renters' Rights Act 2025 came into force on 1 May 2026, abolishing assured shorthold tenancies in England. The fixed-term structure that break clauses relied on no longer exists for residential lets. (Wales operates under a separate regime — the Renting Homes (Wales) Act 2016.)
Most private rented tenancies in England are now assured periodic tenancies from day one. Tenants can end a tenancy with 2 months' written notice; landlords must serve a Section 8 notice on a statutory ground. Contractual break clauses in pre-existing tenancy agreements have been overridden by statute.
We've retained this page so you can find the document that now applies to your situation.
Three routes depending on your situation under the Renters' Rights Act 2025.
Under the Renters' Rights Act 2025, you can end your tenancy by giving your landlord at least 2 months' written notice. You can give notice from day one of the tenancy. The Act prohibits landlords from requiring you to use a specific form — but the notice must be in writing and clearly identify the tenancy.
Landlords can no longer use break clauses or Section 21 notices. Possession requires the prescribed government Section 8 notice (Form 3A) served on one of the statutory grounds in Schedule 2 of the Housing Act 1988 (as amended). Form 3A replaced the old Form 3 on 1 May 2026 and is free from GOV.UK — what most landlords struggle with is the evidence statement that accompanies it.
The Renters' Rights Act 2025 is the biggest change to residential tenancy law in decades. Use our free interactive checklist to see what applies to you.
Before the Renters' Rights Act 2025, the standard residential letting in England was the assured shorthold tenancy (AST) under the Housing Act 1988, often granted for a fixed term of 6 or 12 months. A break clause was an optional contractual provision allowing either party to end the fixed term early, provided strict conditions were met. (Wales moved to a separate "occupation contract" regime under the Renting Homes (Wales) Act 2016 from December 2022.)
A break clause notice was a formal written notice served by either landlord or tenant to activate the early termination provision in the tenancy agreement. The notice had to comply exactly with the wording of the clause — notice period, service method, break date, and any pre-conditions (such as no rent arrears). Even minor errors could invalidate the notice and leave the party bound for the remainder of the fixed term.
The Renters' Rights Act 2025 abolished assured shorthold tenancies and fixed terms for residential lets. From 1 May 2026, all assured tenancies in the private rented sector are periodic from the start, which means:
A break clause notice that was correctly served before 1 May 2026 generally remains effective on its original terms — the tenancy ends on the date specified in the notice, provided both parties act on it. Where a tenant refuses to vacate after the break date, enforcement can be complicated because Section 21 has been abolished and the new Section 8 grounds (Form 3A) may not apply to the situation.
If the notice was prepared but not served before commencement, the underlying break clause can no longer be relied on — the new statutory route applies instead. If your situation is unclear, consider seeking advice from a housing specialist.
No, not for residential tenancies in England. The Renters' Rights Act 2025 came into force on 1 May 2026 and abolished assured shorthold tenancies along with the fixed-term structure that break clauses relied on.
Wales has operated under a separate regime since December 2022 (the Renting Homes (Wales) Act 2016) and uses different terminology and rules — see Welsh Government guidance if your property is in Wales.
Commercial leases are unaffected and continue to use break clauses where the lease provides for them.
Give your landlord at least 2 months' written notice. The Act prohibits landlords from requiring a specific prescribed form, but the notice must be in writing. It should clearly state the parties, the property address, the date served, the date the tenancy is to end, and your signature. You can give notice from day one of the tenancy.
Two requirements must both be met: (1) at least 2 months' notice, and (2) the end date must fall at the end of a rental period. For example, if rent is due on the 1st of each month and you serve notice on 1 May, the tenancy ends 31 July — not 30 June — because the next rent-period end after the 2-month minimum is 31 July. You and your landlord can agree a shorter notice period in writing if you both want to.
Send the notice by recorded delivery, or hand-deliver with a witness, so you have proof of service. Keep a copy for your records.
The prescribed government Section 8 notice (Form 3A) served on one of the statutory grounds in Schedule 2 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025). Form 3A replaced the old Form 3 on 1 May 2026. Common grounds include the landlord wishing to move in, sale of the property, or rent arrears. Form 3A is free from GOV.UK, along with official guidance on completing it and serving it correctly.
The harder part is the evidence statement that goes with it — and the surrounding compliance paperwork. Our Renters' Rights Essential Pack includes the Section 8 Evidence Builder, Witness Statement, Evidence Bundle, the mandatory Written Statement of Terms, the new Assured Periodic Tenancy Agreement, and everything else now required under the Act.
Your copy remains accessible in your My Templates dashboard for reference. If you served notice correctly before 1 May 2026, that notice generally remains effective on its original terms.
If notice had not yet been served, the underlying break clause is no longer enforceable for residential tenancies — see the routes above for the document that now applies.
No. The Renters' Rights Act 2025 applies only to residential tenancies. Commercial lease break clauses continue to operate under the terms of the lease and the Landlord and Tenant Act 1954 where relevant. See our Commercial Break Clause Notice if you need a commercial template.
For straightforward situations — a tenant giving 2 months' notice, or a landlord serving a Section 8 on a clear ground — many complete the process without one.
Consider solicitor review for complex circumstances, contested possession, disputed rent arrears, or where the financial stakes are high.
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