Section 146 Notice Template for the United Kingdom
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What is a Section 146 Notice?
A Section 146 Notice is a formal notice a landlord must serve on a tenant under section 146 of the Law of Property Act 1925 before forfeiting a lease for breach of a covenant or condition other than non-payment of rent. It specifies the breach complained of, requires the tenant to remedy it where remediable, and where appropriate seeks compensation in money. Serving a valid notice is a legal precondition to lawful forfeiture, so errors can render subsequent forfeiture invalid. This is general legal information and not a substitute for advice on your specific circumstances.
Frequently Asked Questions
When is a Section 146 Notice required?
It is required before a landlord can lawfully forfeit a lease for breach of a covenant or condition other than non-payment of rent. Forfeiture for rent arrears follows a different procedure and does not need a section 146 notice.
What must a valid Section 146 Notice contain?
It must specify the particular breach complained of, require the tenant to remedy the breach if it is capable of remedy, and where the landlord wants compensation, require the tenant to make monetary compensation. Additional wording is needed for repairing covenants where the 1938 Act applies.
How long must the tenant be given to remedy the breach?
The tenant must be allowed a reasonable time to comply. What is reasonable depends on the nature of the breach, and only after that period may the landlord proceed to forfeit if the breach remains unremedied.
Can a tenant apply for relief from forfeiture?
Yes. A tenant, and in some cases sub-tenants or mortgagees, can apply to the court for relief from forfeiture, and the court has a broad discretion to grant relief on terms such as remedying the breach and paying costs.
Does this apply in Scotland and Northern Ireland?
No. Section 146 of the Law of Property Act 1925 applies to England and Wales. Scotland and Northern Ireland have separate legal frameworks for leases and forfeiture, so different rules and terminology apply.
About the Section 146 Notice
A Section 146 Notice usually covers the following.
- Parties and lease details: Identify the landlord, tenant and the lease being relied upon, including its date, the parties to it and the demised premises.
- Specification of the breach: State precisely the covenant or condition breached and the facts constituting the breach, with enough particularity for the tenant to understand what is alleged.
- Requirement to remedy: Where the breach is capable of remedy, require the tenant to remedy it within a reasonable time before any forfeiture is pursued.
- Compensation in money: Where the landlord seeks compensation for the breach, the notice should require the tenant to make monetary compensation.
- Repair and dilapidations wording: For breaches of a repairing covenant, include the additional statement of the tenant's rights under the Leasehold Property (Repairs) Act 1938 where that Act applies.
- Reasonable time to comply: Allow the tenant a reasonable period to remedy the breach and pay any compensation before the landlord treats the lease as forfeited.
- Reservation of rights: State that the landlord reserves its rights, including the right to forfeit, without waiving any breach by service of the notice.
- Service details: Confirm how and on whom the notice is served so that valid service under the lease and statute can be evidenced.
GOVERNING LAW
Applicable law
This Section 146 Notice is drafted to comply with United Kingdom law. Key legislation includes:
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