Section 146 Notice of the Law and Property Act 1925 shall be used where a landlord wishes to bring a lease to an end for breach of covenants of the lease by the tenant.
Section 146 Notice is served on the leaseholder/tenant prior to the commencement of forfeiture proceedings. The tenant must then remedy the breach, or risk their lease being terminated.
By serving Section 146 Notice, the landlord is exercising their right to forfeiture if the breach is unfixed. allows a landlord to prematurely end a lease.
As stated above, this type of eviction applies to any situation where the tenant has breached the terms of the lease, Section 146 Notice shall not be used where the breach is non-payment of rent. However, if a tenant owes more than £350 or has defaulted on rent due for over three years, a Section 146 Notice may be suitable.
For a Section 146 Notice to be valid, it must:
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Specify the exact breach of the covenant.
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Require the tenant to remedy the breach, if it is capable of remedy.
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Require the tenant to pay compensation for the breach.
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Give the tenant reasonable time to remedy the breach.
Any acceptance of rent after a Section 146 Notice has been served could result in a waiver of forfeiture, thus making the notice invalid. The landlord must therefore not waive or ignore any breaches under the lease.
Furthermore, if the landlord has not given the tenant ‘reasonable’ time, the notice becomes invalid. It is important to note that court proceedings cannot be commenced until enough time has been given for the tenant to fulfil their obligations. When serving notice, it’s of utmost importance that you have proof of delivery.
This Section 146 Notice is in Microsoft Word format, written in plain English easy to use and edit.
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