Section 146 notice

A section 146 notice of the Law and Property Act 1925 is served by a landlord who wishes to commence forfeiture proceedings against a leaseholder following a breach of a lease. This notice must

• specify the breach complained of,
• importantly if the breach is capable of remedy, require the leaseholder to remedy the breach, and
• in any case require the leaseholder to make compensation in money for the breach.

The leaseholder is afforded a reasonable time to remedy the breach if it is capable of remedy following service of the section 146 notice.

Court proceedings cannot be commenced unless the leaseholder fails within a reasonable time to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money for the breach, to the satisfaction of the landlord.

More information you might find useful:

• Service Charges and other issues: Forfeiture and possession
• Application to the First-tier Tribunal (Property Chamber): Forfeiture
• More Frequently Asked Questions in the Glossary
• Amanda Gourlays’s forfeiture podcast