Ending a Fixed Term Assured Shorthold Tenancy Agreement Without a Break Clause
How Can a Tenant End a Fixed Term Assured Shorthold Tenancy Agreement Without a Break Clause?
Ending a tenancy early is not always straightforward, especially when you’re tied into a fixed term with no break clause. If you’re a tenant wondering about your options, this article explains the key considerations and the possible routes you can take.
What is an Assured Shorthold Tenancy Agreement?
An Assured Shorthold Tenancy (AST) is the most common type of tenancy in England. It typically applies to private residential tenants who rent a property as their main home, and where the landlord doesn’t live on the premises.
ASTs usually run for a fixed term, often six or twelve months, during which both the landlord and the tenant are bound by the terms of the agreement. At the end of the fixed period, the tenancy may roll into a periodic tenancy (month-to-month) unless a new agreement is signed.
When Can You End a Fixed Term Tenancy Early?
Leaving a property before the end of your fixed term can be tricky. If your tenancy agreement includes a break clause, you may be able to end the agreement early, as long as you follow the proper notice procedures. However, not all agreements include a break clause — and if yours doesn’t, you’ll need to explore other options.
Bear in mind that you can’t simply give notice and leave during a fixed term without a break clause unless your landlord agrees. Doing so may result in financial consequences, including being liable for rent until the end of the term.
How to End a Tenancy Early
There are three potential routes to ending a fixed term AST early:
- Using a Break Clause
- If your tenancy agreement contains a break clause, it will set out the conditions under which you can end the tenancy early — for example, after a certain number of months or with a specific notice period (usually one or two months).
- Check your tenancy agreement carefully to see whether a break clause exists and what terms apply. You must follow the break clause wording precisely to bring the tenancy to an end lawfully.
- In the Absence of a Break Clause – A Deed of Surrender / Mutual Surrender
- If there’s no break clause, the most straightforward way to end the tenancy early is by mutual agreement with your landlord. This is usually done through a deed of surrender, which is a formal document where both parties agree to end the tenancy on a specified date.
- This agreement should ideally be put in writing to avoid any misunderstandings later. The landlord is not obliged to agree, but some may be open to ending the tenancy early, especially if they have another tenant lined up.
- Finding a Replacement Tenant or Subletting (With Consent)
- Another possible option is to find someone to take over your tenancy — either by transferring the tenancy (with the landlord’s permission) or by subletting. However, most ASTs prohibit subletting or assigning the tenancy without the landlord’s prior written consent.
- If you’re considering this route, you’ll need to discuss it with your landlord first. They may be willing to allow a replacement tenant, particularly if it avoids a vacant property. But again, the original tenancy agreement will guide what’s possible and what’s not.
What About the Renters (Reform) Bill?
The Renters (Reform) Bill, likely to come into effect in late 2025, proposes some significant changes to the private rental sector in England. One of the most notable reforms would be the abolition of fixed term (AST) altogether. Instead, all tenancies would become periodic, meaning they would continue on a rolling basis with no fixed end date. The AST would automatically become an Assured Tenancy.
For tenants, this could mean greater flexibility, allowing them to give two months’ notice to end a tenancy at any time — without needing a break clause or negotiating a surrender.
However, until the bill becomes law and is implemented, existing fixed term ASTs remain legally binding, and tenants are still subject to the current rules.
It’s important to stay up to date with developments around the bill, as it may affect your rights and options in the near future.
Final Thoughts
Ending a fixed term tenancy without a break clause is not always easy, but it is possible — provided you approach it in the right way. Whether by negotiating a surrender, checking for a break clause, or seeking permission to sublet, communication with your landlord is key.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com
