Section 146 | Lease Forfeitures | Law of Property Act | Breaches

Lease Forfeiture | Section 146 | Breach of Tenancy

Section 146 Notices – Breach of Tenancy

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.

UK Bailiffs Section 146 Notice

Section 146 of the Law of Property Act 1925

Section 146 of the Law of Property Act 1925 allows a landlord to terminate a lease early if the tenant breaches certain terms of the lease.

A Section 146 Notice must be served on the tenant, specifying the breach and offering an opportunity to remedy it (if possible), and pay compensation for any damage caused.

If the tenant fails to comply within a reasonable time, the landlord may take legal action to forfeit the lease and repossess the property.

This applies to commercial leases — but for non-payment of rent, landlords can typically forfeit without serving a Section 146 Notice, by instructing UK Bailiffs for peaceful re-entry.

A right to forfeit must be written into the lease. The notice will confirm legal proceedings unless the breach is remedied (if capable of remedy).

Common breaches of lease covenants include:

  • Failure to pay rent
  • Failure to maintain or repair the property
  • Keeping pets without permission
  • Unauthorised subletting

The tenant may apply to court for relief from forfeiture. The court can grant this based on specific terms, depending on the case.

UK Bailiffs can draft and serve a Section 146 Notice on your behalf. We’ll review your lease first to confirm eligibility.

UK Bailiffs Section 146 Forfeiture

INSTRUCTION FORM


Completing the form does not constitute a contract or acceptance of the instruction.

Once submitted, we will email you a copy of the Warrant for acceptance and then we will begin the process. We may also request further details as part of our due diligence procedures. If you have any questions in relation to the instructions, please email us HERE or phone 03301331818