- The right to exit for speed failure lets a customer leave without penalty if speed falls persistently below the guaranteed minimum.
- It applies to providers signed up to Ofcom's relevant speeds code of practice.
- The provider must be given a set period to try to fix the speed before the right applies.
- The right can extend to phone and television services bought with the broadband.
- Evidence of the speed shortfall, such as wired tests, supports invoking the right.
The right to exit for speed failure lets a customer leave without penalty if speed stays persistently below the guaranteed minimum and the provider cannot fix it within a set period after being given the chance.
Last reviewed: June 2026
What the right to exit for speed failure is
The right to exit for speed failure is a consumer protection that allows a customer to leave their broadband contract without an early termination charge if the speed falls persistently below the minimum guaranteed level and the provider cannot fix it. It is part of Ofcom's codes of practice on broadband speeds, applying to providers that have signed up to them. This right gives the minimum guaranteed speed real meaning: rather than being just an estimate, it is a commitment backed by the ability to leave if it is not met. Understanding what triggers the right, how to invoke it, and the process involved helps customers use this protection effectively when their speed falls short.
The right is closely linked to the minimum guaranteed speed a provider gives at the point of sale, as that figure is the benchmark against which speed failure is measured. Without meeting the process, however, the right does not simply apply automatically, so following the steps matters.
What triggers the right
The right to exit is triggered where the connection's speed falls persistently below the minimum guaranteed level that the provider gave at the point of sale, and the provider, having been given the chance, cannot bring it up to that level within a set period. The key elements are that the shortfall is against the personalised minimum guaranteed speed, that it is persistent rather than a brief dip, and that the provider has had the opportunity to fix it and failed. A temporary slowdown, or a speed below the advertised headline but above the guaranteed minimum, does not trigger the right. It is the failure against the guaranteed minimum, unresolved after the provider's chance to fix it, that matters.
| Step | What happens | Notes |
|---|---|---|
| Check guaranteed speed | Identify the minimum guaranteed level | The benchmark |
| Gather evidence | Wired tests at different times | Shows persistent shortfall |
| Report to provider | Give the chance to fix it | Required first |
| Provider attempts fix | Set period to improve speed | Defined in the code |
| Exit without penalty | If minimum still not met | Can include related services |
Gathering evidence
Invoking the right effectively requires evidence that the speed is persistently below the guaranteed minimum. The strongest evidence is a series of wired speed tests, taken with a device connected to the router by ethernet, with other activity paused, at different times including busy periods. This removes WiFi and household activity as variables and shows the line's true performance. Recording each test with the date, time, method and result builds a clear, persistent picture. A consistent record under good conditions is far more compelling than a single low reading, and it supports the case that the speed genuinely fails to meet the guaranteed minimum, which is the basis for the right.
How to invoke the right
To invoke the right, the customer reports the speed problem to the provider, providing the evidence, and gives the provider the opportunity to investigate and try to improve the speed. The provider then has a set period to bring the speed up to the minimum guaranteed level. If it cannot do so within that period, the customer can exercise the right to exit the contract without penalty. Following this process in order, reporting first and giving the provider the chance to fix it, is essential, as the right depends on the provider having had that opportunity and failed. Keeping records of the communication and the provider's response supports the process.
What the provider must do
Once a speed problem is reported, the provider must investigate and try to bring the speed up to the minimum guaranteed level within the set period. This may involve testing the line, sending an engineer, or making changes to improve performance. The provider should keep the customer informed of progress. If, after the set period, the provider has not succeeded in meeting the guaranteed minimum, it must allow the customer to exit without penalty where the right applies. The provider's obligations ensure that the customer is given a genuine attempt at resolution before exiting, and a clear remedy if that attempt fails, which is how the protection works in practice.
The timelines involved
The right to exit involves a set period during which the provider attempts to fix the speed after the customer reports the problem. The exact period is defined in the relevant code of practice. The customer reports the issue, the provider has the set period to try to resolve it, and if the guaranteed minimum is still not met at the end of that period, the right to exit applies. Understanding the timeline helps the customer know what to expect: the right does not apply the moment a shortfall is noticed, but after the provider has had the defined opportunity to fix it and failed. Acting promptly to report the problem starts this process.
What the right covers
Where the right to exit for speed failure applies, it allows the customer to leave the broadband contract without an early termination charge, and it can extend to phone and television services bought together with the broadband as part of the same package. This is significant, because it means a customer is not left tied to associated services when leaving broadband that has failed to meet its guaranteed speed. The scope of the right depends on the code of practice and how the services were bought, but the principle is that the customer can exit the failing service and related elements without penalty, providing a clean way out.
Using the right effectively
To use the right effectively, a customer should know their minimum guaranteed speed, gather solid wired evidence that the speed persistently falls below it, report the problem to the provider, and give the provider the set period to fix it. If the provider fails, the customer can exit without penalty, often including related services. Keeping records throughout supports the process. Where there is any dispute about whether the right applies, the provider's complaints process and escalation to an approved dispute resolution scheme provide further routes. Following the process carefully ensures the customer can rely on this protection when their broadband genuinely fails to deliver the guaranteed speed.
Your remedy for slow broadband
In summary, the right to exit for speed failure lets a customer leave their broadband contract without penalty if the speed falls persistently below the guaranteed minimum and the provider cannot fix it within a set period after being given the chance. It applies to providers signed up to Ofcom's speeds code, requires evidence of the shortfall, and can extend to phone and television services bought with the broadband. Following the process, reporting with evidence and allowing the provider to attempt a fix, is how to invoke it. This right is the consumer's key remedy for broadband that fails to deliver its guaranteed speed.
Frequently Asked Questions
When can I leave my broadband contract because of slow speed?
You can leave without penalty where the speed falls persistently below the minimum guaranteed level the provider gave at the point of sale, and the provider, having been given the chance, cannot bring it up to that level within a set period. The shortfall must be against the guaranteed minimum and persistent, not a brief dip or merely below the advertised headline.
What is the process to exit my contract for speed failure?
Report the speed problem to the provider with evidence, ideally wired speed tests at different times, and give it the opportunity to investigate and try to improve the speed within the set period. If it cannot bring the speed up to the minimum guaranteed level in that time, you can exercise the right to exit without penalty. Following this order is essential.
Does my ISP have to fix the speed before I can exit?
Yes. The right depends on the provider having been given the chance to fix the speed and failing. After you report the problem, the provider has a set period to investigate and try to bring the speed up to the minimum guaranteed level. Only if it cannot do so within that period does the right to exit without penalty apply, so reporting first is required.
Can I get compensation as well as exiting?
The right to exit allows you to leave without an early termination charge, and it can extend to phone and television services bought with the broadband. Separately, other protections such as automatic compensation apply to specific failures like a total loss of service. Whether any additional remedy applies depends on the circumstances, but the right to exit itself is the penalty-free exit.
What if my speed improves briefly then drops again?
The right concerns a persistent failure against the minimum guaranteed speed, so a pattern of brief improvements followed by drops can still amount to a persistent shortfall if the speed repeatedly fails to meet the guaranteed minimum. Keeping a consistent record of wired tests over time documents this pattern, which supports the case that the speed persistently fails despite temporary improvements.
Does the right to exit cover my phone and TV services?
Where the right to exit for speed failure applies, it can extend to phone and television services bought together with the broadband as part of the same package, so you are not left tied to associated services when leaving failing broadband. The exact scope depends on the code of practice and how the services were bought, but related elements can often be included.
