Break Clauses: The Detail That Undoes Them
A break clause you cannot actually operate is worse than no break clause, because you planned around it.
How they normally work
A typical twelve-month tenancy with a six-month break allows either party to end it at six months on two months' written notice. So the notice is served at month four. Miss that window and the clause is spent for the fixed term.
Where they fail
Conditional breaks. A clause that only operates if the rent is fully paid and all obligations performed sounds reasonable until an adjudicator finds that a single late payment eighteen months ago voided it. Conditions should be resisted at the drafting stage.
Service requirements are the other trap. If the clause specifies written notice to a particular address, an email to the agent may not be valid service, however clearly it was received.
Getting it right
Diarise the notice date the day you sign, not the break date. Serve in writing, to the address in the agreement, and get written acknowledgement. If none comes within a few days, chase it and keep the chase.
