NEWS and Updates
Section 146 Notices – Breach of Tenancy
Section 146 of the Law of Property Act 1925 is a statutory remedy allowing landlords to forfeit a commercial lease early where a tenant breaches non-rent covenants. UK Bailiffs specialises in drafting, serving and enforcing Section 146 Notices swiftly and lawfully.
What Is a Section 146 Notice?
A Section 146 Notice must be served when a tenant breaches a covenant other than rent payment. The notice:
- Specifies the covenant breached
- Offers an opportunity to remedy the breach where possible
- Requires payment of compensation for any damage
- Warns that lease forfeiture proceedings will follow if not remedied
When Is a Section 146 Notice Required?
Landlords do not need a Section 146 Notice for rent arrears. For non-rent breaches—such as repair, use of premises, or unauthorised sub-letting—a valid forfeiture clause and a properly served Section 146 Notice are essential before pursuing repossession.
Commonly Breached Covenants
- To pay rent
- To maintain and repair the property
- Not to keep pets without permission
- Not to sub-let without consent
Tenant’s Right of Relief
After service, a tenant may apply to the court for relief from forfeiture. Courts may grant relief subject to conditions, including remedying the breach and paying landlord’s costs.
Why Choose UK Bailiffs?
- Experienced in Section 146 compliance & documentation
- Fast, nationwide coverage
- Fully insured Court-Certificated Enforcement Agents
- Professional, de-escalated process
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