What Is A Section 146 Notice

This standard document is an example of a generic notice under section 146 of the law of property act 1925 section 146 notice.

What is a section 146 notice. A notice issued under section 146 of the law of property act 1925 that warns a tenant who is in breach of covenant other than the covenant to pay rent of the landlord s intention to forfeit the lease. There is a common misconception that receipt of a valid notice under s 146 1 of the property law act 1958 requires the tenant to rectify the defaults alleged within the time specified. If a notice is served and not addressed it can terminate the lease early due to a breach of the lease.

The reason for the notice is that the previous leaseholders altered the property without the freeholders consent thus breaching the lease. And in any case require the tenant to monetarily compensate the landlord. If the breach is capable of being remedied.

The freeholder has issued the notice in accordance with the lease. The judge at first instance held that the landlord was not entitled to possession as the landlord would have to serve a default notice as contractually required to do so under the lease before the right to forfeit arose. The law has been tightened up with regards to these notices.

The purpose of a notice is to give the tenant an opportunity to consider its position and give a response. A section 146 notice of the law and property act 1925 is served by a landlord who wishes to commence forfeiture proceedings against a leaseholder following a breach of a lease. The notice is given by the landlord to the tenant and requires the tenant to remedy a breach of covenant of the lease.

It is served by a landlord on their tenant and is used when the landlord believes the tenant is in breach of some form condition set out in their lease. What is the notice. It is a notice served under section 146 of the law of property act 1925 by a landlord to their tenant to terminate a lease early due to a breach by the tenant of the terms of the lease.

Primary re limited v great southern property holdings limited 2011 vsc 242 147. Many years ago a landlord could serve a section 146 notice on a leaseholder over arrears that were unpaid on a leasehold flat. In any case require the leaseholder to make compensation in money for the breach.