Q&As

Do you have a Precedent section 146 notice for a business premises, with residential accommodation above, under the same lease?

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Published on LexisPSL on 16/01/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Do you have a Precedent section 146 notice for a business premises, with residential accommodation above, under the same lease?

Do you have a Precedent section 146 notice for a business premises, with residential accommodation above, under the same lease?

We do not have a Precedent for the specific scenario, however, Precedent: Section 146 notice can be amended for such circumstances.

It should also be noted that there are various statutory limitations on the landlord’s right to forfeit residential tenancies, which will need to be taken into account when serving a section 146 notice.

In summary, in the context of long leases, under section 167(1) of the Commonhold and Leasehold Reform Act 2002, the landlord cannot forfeit a long residential lease unless the amount of rent, service charge and/or administration charge payable either:

  1. exceeds a prescribed amount—see Rights of Re-entry and Forfeiture (Prescribed Sum and Period) (England) Regulations 2004 (Prescribed Sum and Period Regulations), SI 2004/3086, reg 2(1), or

  2. consists of or includes an amount which

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