Lease Forfeiture | Section 146 | Breach of Tenancy
Section 146 Law of Property Notice for Breach of Tenancy - Lease Forfeitures
Section 146(1) of the Law of Property Act
We are asked regularly about lease forfeitures for breaches in leases other than rent arrears. Here we explain what a Section 146 Notice is and how it works for commercial landlords.
Section 146 of the Law of Property Act 1925
Section 146 gives landlords the right to forfeit a commercial lease if the tenant breaches specific lease covenants, following a formal notice process.
How the Notice Works
The landlord must serve a Section 146 Notice that outlines the breach, allows time to remedy (if applicable), and seeks compensation for any damage. This is a legal prerequisite before applying to court for forfeiture.
When It's Not Required
For non-payment of rent, landlords may forfeit a commercial lease without serving a Section 146 Notice. This is typically done through peaceable re-entry via enforcement agents like UK Bailiffs.
Key Conditions
- Written clause: The lease must contain a right to forfeit.
- Reasonable time: The tenant must be given time to comply or remedy the breach.
- Clear details: The notice must outline the breach and desired remedy.
🛠️ What We Can Do
UK Bailiffs can review your lease, draft and serve a compliant Section 146 Notice, and advise you on the next steps toward forfeiture if the tenant fails to comply.
Commercial Lease Forfeiture
Commercial Lease Forfeiture is a legal remedy under English law that allows a landlord to terminate a lease due to tenant breach. UK Bailiffs provides specialist enforcement services to help landlords regain possession efficiently and legally.
Overview
Forfeiture is commonly used when a tenant fails to pay rent or breaches other lease terms. It involves the landlord re-entering the property, effectively ending the lease. UK Bailiffs ensures full legal compliance and minimises disruption.
When Can Lease Forfeiture Be Used?
- Non-payment of rent: The tenant has not paid rent on time.
- Breach of covenant: The tenant has broken lease terms, such as unauthorised alterations or unlawful use.
- Insolvency: The tenant has entered administration or insolvency, affecting lease compliance.
Legal Requirements
- Peaceable Re-entry: Entry must be made without force.
- Section 146 Notice: Required for breaches other than rent arrears, giving tenants a chance to remedy.
- Waiver of Right: Accepting rent after a breach may invalidate the right to forfeit.
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