section 146 notice

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. This notice must

  • specify the breach complained of,
  • importantly if the breach is capable of remedy, require the leaseholder to remedy the breach, and
  • in any case require the leaseholder to make compensation in money for the breach.

The leaseholder is afforded a reasonable time to remedy the breach if it is capable of remedy following service of the section 146 notice.

Court proceedings cannot be commenced unless the leaseholder fails within a reasonable time to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money for the breach, to the satisfaction of the landlord.

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