Q&As

Forfeiture process for long residential leases.

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Published by a LexisNexis Property expert
Published on: 21 June 2017

What is the procedure for forfeiting a long residential lease? Is a section 146 notice appropriate if the breaches are remediable? Does the landlord have to go through the section 20 consultation procedure under Landlord and Tenant Act 1985? Can the landlord claim monies going back a number of years?

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

  1. •

    rent

  2. •

    service charge, or

  3. •

    administrative charge

See Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease which deals with forfeiture for non-payment of rent, service charge or administrative charge and other breaches. In respect of other breaches a section 146 notice must be served.

The fact that a breach is remediable does not preclude service of a section 146 notice. However,

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Section 146 notice definition
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.

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