Forfeiture - Section 146 Notice
In most cases the landlord’s right to take back possession of a flat, or forfeit the lease, requires that the leaseholder is served with a section 146 notice. Current legislation has restricted the landlord’s right to forfeit the lease as follows:
- No right to forfeit unless the unpaid amount for rent, service charges or administration charges exceeds £350 or the amount has been payable for more than 3 years;
- No right to serve section 146 unless:
- The lease makes express provision for the service of the notice in relation the particular breach of covenant;
- The LVT has determined that a breach of the lease has occurred
- The leaseholder has admitted the breach;
- A court or a post dispute appointed arbitrator has finally determined that a breach has occurred;
- No right to serve section 146 until 14 days have elapsed from a determination that a breach has occurred;
It is easy to make mistakes with section 146 notices. The notice and the method of service on the leaseholder are prescribed.
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