Section 146 notice Definition

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What does Section 146 notice mean?

A notice served pursuant to section 146 of the law of Property Act 1925, which is a required precursor to forfeiture in respect of breaches other than non-payment of rent.

View the related practice notes about Section 146 notice

Quick guide to landlord’s remedies for breach of lease

Quick guide to landlord’s remedies for breach of lease This Practice Note provides a summary of the remedies available to a landlord when faced with a tenant’s breach of lease, including forfeiture, service of a statutory demand, court proceedings to recover rent or damages, or for an injunction, Commercial Rent Arrears Recovery (CRAR) (including recovering rent from sub-tenants), claims against guarantors, claims against former tenants (via service of a notice under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)), withdrawal from a rent deposit, and serving an entry and repair notice. If a tenant breaches a lease covenant, there are a number of remedies available to a landlord, listed and explained below. Before using them, landlords should consider whether: • the tenant is in any form of insolvency. If so, check the list of restrictions on recovery action for each form of insolvency here. See also: Landlord steps to take if tenant becomes insolvent—checklist and Practice Note: Quick guide to property insolvency...

Costs—recovery of costs under contractual clauses

Costs—recovery of costs under contractual clauses This Practice Note considers recovery of costs where such recovery is provided for in a contract and the provisions in CPR 44.5. It also considers summary assessment of costs under a contractual indemnity, the court’s general approach to interpreting indemnity clauses and examples of contractual indemnity cost clauses in leases and the court’s interpretation of them. Court’s discretion The general position in relation to the court dealing with the issue of costs is that the costs follow the event, ie the loser will be liable for the winner's costs. However, the court has a discretion when it comes to making costs orders and may depart from this general rule. A costs order will set out the basis in which costs are to be assessed, ie standard basis or indemnity basis. For guidance on the general principles covering these issues, see Practice Notes: Costs assessment—basis of assessment, Indemnity costs orders—principles, Costs orders—the general rule and Costs orders—the court's discretion. The courts’ discretion when dealing...

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Particulars of claim for forfeiture for breach (other than rent arrears)

Particulars of claim for forfeiture for breach (other than rent arrears) 1 The Claimant is the [freehold OR leasehold] owner of the premises known as [insert description of premises] (‘Premises’) and is entitled to possession of the Premises. The Defendant is the tenant of the Premises. 2 By a lease dated [insert date] between [insert landlord name] and [insert tenant name][ and [insert guarantor name]] (‘Lease’), the Premises were let for a term of [insert term eg 5 years] from [insert term commencement date] at an [initial] rent of £[insert amount of annual rent] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. 3 Pursuant to clause [insert clause reference] of the Lease the Defendant covenanted to [insert description of tenant obligation]. 4 In breach of the Lease the Defendant has [insert details of breach of covenant]. 5 On [insert date of service of section 146 notice] the Claimant served upon the Defendant a notice pursuant to section 146...

Particulars of claim for relief against forfeiture

Particulars of claim for relief against forfeiture 1 By a lease dated [insert date] between [insert landlord name] and [insert tenant name] [and [insert guarantor name]] (‘the Lease’) the Defendant let the Claimant the premises known as [insert description of premises] (‘the Premises’) for a term of [enter length of term eg 5 years] from [insert term commencement date] at [an initial] rent of £[insert annual rent] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. 2 [ [Clause [insert clause reference re payment of rent] of the Lease provided that rent should be paid [insert details eg by equal quarterly payments in advance on the usual quarter days].] 3 [Clause [insert forfeiture clause reference] of the Lease provided that in the event that rent is in arrears for [insert grace period from forfeiture clause] days, whether lawfully demanded or not, then the landlord shall have the right to re-enter upon the Premises and terminate the Lease.]...

Dive into our 4 Precedents related to Section 146 notice

A landlord is renting out a commercial property which is used as a business by the tenant. The tenant is in considerable arrears and under the terms of the lease, such arrears allows the landlord to take back possession using peaceable re-entry. The tenant has installed an alarm system without the landlord's consent and not provided the landlord with the passcode. Assuming the landlord follows the correct procedure (ie done while the property is empty, displays the appropriate notices), would the alarm being set-off invalidate the peaceable re-entry, or would the landlord still be able to reclaim possession?

A landlord is renting out a commercial property which is used as a business by the tenant. The tenant is in considerable arrears and under the terms of the lease, such arrears allows the landlord to take back possession using peaceable re-entry. The tenant has installed an alarm system without the landlord's consent and not provided the landlord with the passcode. Assuming the landlord follows the correct procedure (ie done while the property is empty, displays the appropriate notices), would the alarm being set-off invalidate the peaceable re-entry, or would the landlord still be able to reclaim possession? This question raises the issue of how a landlord might effect a peaceable re-entry. It focuses upon a particular issue, it being assumed that the notice under section 146 of the Law of Property Act 1925 has been served. It is also assumed that the right to forfeit has arisen, that it has not been waived and that a right of re-entry is reserved by the lease. Care has been taken to...

In relation to forfeiture of a long lease of a residential dwelling, if the breach relates to sums ‘reserved as rent’, are these treated the same as the rent so that a section 146 notice is not required? If so, does the requirement in section 166 of the Commonhold and Leasehold Refom Act 2002 to first serve notice on the tenant, apply?

In relation to forfeiture of a long lease of a residential dwelling, if the breach relates to sums ‘reserved as rent’, are these treated the same as the rent so that a section 146 notice is not required? If so, does the requirement in section 166 of the Commonhold and Leasehold Refom Act 2002 to first serve notice on the tenant, apply? Although we have been unable to find any specific case law or commentary confirming the point, the definition of ‘rent’ in section 166 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), (which deals with the requirement for the landlord to first serve notice on the tenant requiring payment) specifically excludes sums in respect of service charge or an administration charge. As the definition is otherwise silent, this may suggest that other sums which are reserved as rent may fall within the definition of ‘rent’. In Barrett v Robinson, the Upper Tribunal found that where a tenant had covenanted to pay rent and insurance rent, the...

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Property Disputes weekly highlights—7 November 2024

This week's edition of Property Disputes weekly highlights includes: Court of Appeal cases on the abuse of process in the context of adverse possession claims, the amendment of a possession claim to add an absolute ground, and rent repayment orders, and High Court cases on the legal and beneficial ownership of partnership assets and the application of the principle of contra proferentem. It also includes an Upper Tribunal case on the need to provide reasons for a fair market rent value and the Ministry of Housing, Communities and Local Government’s updates to its guidance on the amendments to the Building Safety Act 2022 (as introduced by the Leasehold and Freehold Reform Act 2024).

Property Disputes weekly highlights—31 October 2024

This week's edition of Property Disputes weekly highlights includes: The Autumn Budget 2024, Court of Appeal decisions on the intentions of donors of trust property, amendments in possession proceedings, and staying execution of a possession order pending an appeal. It also includes High Court decisions on section 423 of the Insolvency Act 1986 and whether a charging order can be made over a buyer’s beneficial interest, and an Upper Tribunal case on service of a notice of invitation to participate in a Right to Manage claim.

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