Section 146 - Breach of Covenant for England

NOTICE UNDER SECTION 146 OF THE LAW OF PROPERTY ACT 1925



To:

Of:

_____________
_____________
_____________

From:

_____________

Of:

_____________
_____________
_____________
_____________

Re: _____________, _____________, _____________ as demised by the Lease dated _____________ (the "Lease") made between _____________ and .

I, the LANDLORD, GIVE YOU NOTICE THAT:

  1. The Lease contains the following covenants:
  2. You are in breach of the above covenants. The breaches complained are:
  3. The breaches of covenants referred to above are capable of remedy and you must remedy it within _____________ days of this notice.
  4. You are required to pay compensation in money for the breaches listed above. You are required to also pay all costs, fees, chargers, disbursements and expenses incurred by the Landlord and any VAT payable by it in relation or incidental to the preparation and service of this notice pursuant to Clause _____________ of the Lease.
  5. If you fail to comply with this notice within _____________ days the landlord reserves the right to reenter the Premises pursuant to Clause _____________ of the Lease and claim damages for the above breaches of covenant.

SIGNED: ____________________________ DATED: _______________

On behalf of the Landlord

Received on: _________________

SIGNED: ____________________________ DATED: _______________

The Tenant OR for and on behalf of the Tenant

Instructions for Your Section 146 - Breach of Covenant



Landlords and their agents can use this Section 146 - Breach of Covenant to either notify Tenants to correct a breach or to begin forfeiture procedures where the tenancy agreement allows. It is important to complete the form by explaining the relevant breaches with as much detail as possible.

Preparing the Notice

The first section of the notice requires the Landlord to insert the clauses of the tenancy agreement that have been breached. In this section, the Landlord should provide the specific numbers of the clauses within the tenancy agreement that have been breached and the specific wording of each clause.

Next you will explain how each clause can be remedied. It is vital that the Tenant is given the opportunity to remedy the breach. In terms of the amount of time given to remedy the breach, 14 days is the absolute minimum amount of time that is allowed. It is advisable and best practice to allow more time than the 14 days dependent upon the nature of the breach.

With the Section 146 - Breach of Covenant a Landlord should claim compensation for any breaches of covenant. Although not always necessary, as a matter of good practice and to limit potential challenges you should include an estimation of costs owed to the Landlord.

Service of the Notice

Like all important notices, it is recommended that you send it by registered, signed-for first-class post. This notice is required to be served on the Tenant named on the lease and also any Tenant in the rental premises. This is the case even if the breach is based on an prohibited sublease.

Important Note on Counter Notices

In the event that the lease was written for a period of seven years or longer, and there is currently three or more years remaining, the Tenant has the right to serve a counter notice before the lease can be forfeited. The Tenant has 28 days to serve such a notice.

This document may only be used in England and Wales.

Landlord Landlord – Tenant Notices

Section 146 - Breach of Covenant

Commercial landlords use a Section 146 - breach of covenant to notify tenants of a breach of the tenancy agreement and to require the tenant to either remedy the violation or begin repossession proceedings.

Your Section 146 - breach of covenant is automatically tailored to your specific circumstances and uses terms that maximise your protection, identifying the lease violations, deadline to remedy, damages and more.

LegalNature’s form builder allows landlords to take control of their tenancies by cutting costs associated with using estate agents and management companies. Let LegalNature guide you through each step of the process, giving you the confidence and peace of mind that your interests are well protected.

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