A landlord’s right to forfeit a long residential lease for non-payment of rent, service charge or administrative charge, and for other breaches of covenant or condition, is limited by statute, under sections 166–169 of the Commonhold and Leasehold Reform Act 2002, and section 81 of the Housing Act 1996. This Practice Note sets out the circumstances in which a landlord can forfeit a long residential lease, and the procedure to follow prior to forfeiture including, where appropriate, an application to the First-tier Tribunal (Property Chamber) (or court or other tribunal as appropriate) for determination of the amount payable or the breach, and the potential consequences of wrongful forfeiture of a residential lease.

Statute limits a landlord’s right to forfeit (this includes service of a s 146 notice) a long residential lease for:

1. •

   non-payment of rent

2. •

   non-payment of service charge or administrative charge

3. •

   breaches other than non-payment of rent, service charge or administrative charge

‘Long lease’ is defined under sections 76 and 77 of the Commonhold