Section 146 Notice Template for the United Kingdom

What is an s146 notice?

An s146 notice is a written notice served by a landlord under section 146 of the Law of Property Act 1925. It is the first step before forfeiting (ending) a commercial or long residential lease for a breach of covenant other than unpaid rent. The notice must specify the breach complained of, require the tenant to remedy it if the breach is capable of remedy, and require compensation in money where the landlord wants it. The tenant is then given a reasonable time to put things right before the landlord can treat the lease as forfeited.

What does a Section 146 Notice usually contain?

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 and contact: Confirm how and on whom the notice is served, and give a clear contact point for the tenant to respond, so that valid service under the lease and statute can be evidenced.

When do you need an s146 notice?

You need an s146 notice when a tenant has breached a term of the lease that is not the payment of rent, and the landlord wants to keep the option of forfeiture open. Common examples are breaches of a repairing covenant, unauthorised alterations, unauthorised subletting or assignment, or breach of a use clause. A notice is not required to forfeit for unpaid rent, which follows a separate process. Where the property is a residential home held on a long lease, the Commonhold and Leasehold Reform Act 2002 adds further steps before a notice can be served. If the breach relates to disrepair on a lease of seven years or more with three or more years left to run, the Leasehold Property (Repairs) Act 1938 may apply, and the notice must tell the tenant they can serve a counter-notice within 28 days.

How long should you give the tenant to comply?

The Law of Property Act 1925 does not set a fixed number of days. The landlord must allow a reasonable time for the tenant to remedy the breach, and what counts as reasonable depends on the breach. A simple, quick-to-fix breach may need only a short period, while extensive repairs may reasonably need several months. Setting too short a period risks the notice being treated as invalid, so the time limit should reflect the work genuinely involved.

How is an s146 notice served?

Serve the notice in line with both the service clause in the lease and the statutory rules. Keep a clear record of the date and method of service, and of the person served, so valid service can be evidenced later. Getting service right matters as much as the wording, because a defect in service can undo an otherwise valid notice.

What happens after the notice expires?

If the tenant fails to remedy the breach within the reasonable time set, the landlord can move to forfeit the lease, either by peaceable re-entry for commercial premises or by court proceeding for possession. A residential home cannot be forfeited by re-entry while occupied. The tenant may apply for relief from forfeiture, so the landlord should keep its own records in order and act consistently once the notice period has run. Genie handles the drafting so you do not need to instruct a solicitor for a standard s146 notice, though complex or contested breaches can still call for specialist help.

Related notices and documents

An s146 notice sits alongside other property notices a landlord may use, depending on the tenancy and the breach. For ending a residential tenancy for possession reasons, see our eviction notice template. If you are drafting or reviewing the underlying lease itself, our lease agreement templates set out the covenants an s146 notice later relies on.