Assured Shorthold Tenancy Agreement Break Clause

As a tenant, you want to be able to leave your rental property before your lease ends without incurring any penalties. As a landlord, you want to be able to end a tenancy early if necessary. This is where the assured shorthold tenancy agreement break clause comes in.

So what is an assured shorthold tenancy agreement break clause? It is a provision in a tenancy agreement that allows either the tenant or the landlord to end the tenancy early, without having to wait for the fixed term of the lease to expire. The break clause can be included in the original tenancy agreement or added later by mutual agreement.

However, it is important to note that not all assured shorthold tenancy agreements have a break clause. If you want to include a break clause in your tenancy agreement, you must negotiate it with your landlord before you sign the lease.

There are some specific requirements that must be met for a break clause to be valid. For example, the break clause must specify the earliest date on which the tenancy can be terminated, and it must also specify the notice period required to exercise the break clause. The notice period is typically two months, but it can be longer or shorter depending on what is agreed upon.

Once the notice period has passed, the tenant or landlord can terminate the tenancy by serving notice on the other party. If the tenant exercises the break clause, they must vacate the property by the specified date. If the landlord exercises the break clause, they must provide a reason for terminating the tenancy and give any required notice periods.

It is important to note that if a break clause is included in the tenancy agreement, it cannot be used until the specified date. For example, if the break clause specifies that it can be used after six months, the tenant cannot use it before the six-month mark.

In conclusion, an assured shorthold tenancy agreement break clause can be a useful provision for tenants and landlords alike. It allows for flexibility in the rental agreement and can help avoid disputes over early termination. However, it is important to ensure that all the requirements for a valid break clause are met and that both parties understand their rights and obligations before signing the lease.