Property Law 10 - S.146

Question 1

When does a Landlord not have to issue a section 146 notice in respect of forfeiture?

Answer 1

For non-payment of rent

Question 2

What are the tenant’s options if he is issued a section 146 notice in respect of a repair covenant?

Answer 2

The notice must give a reasonable time to remedy the breach.

Question 3

When can a LL issue proceedings for damages in respect of a repairing obligation?

Answer 3

It must have served the section 146 notice and give the tenant 28 days to serve a counter-notice (if a protected lease applicable).

Question 4

What needs to be included in a s.146 notice (a forfeiture notice)

Answer 4

• a notice
• specifying breach complained of, and
• if the breach is capable of remedy, requiring the lessee to remedy the breach
• in any case, requiring the lessee to make compensation in money for the breach

Question 5

Does a s.146 notice have to be issued in respect of the tenant that has not paid rent in line with the tenancy agreement?

Answer 5

No

Question 6

What is the measure of damages for damages claimed in respect of a repairing covenant breach?

Answer 6

The loss of value to the landlord’s reversion

Question 7

What is required before the LL can forfeit or sue for damages for breach of a repairing convenant

Answer 7

IF (the lease is covered by Leasehold Property (Repairs) Act1938 act if the following applies)

• the lease is for a term of 7 years or more; and
• there are at least 3 years of the term left to run;

the landlord needs to serve a s.146 notice, the tenant has 28 days to serve a counter-notice. This means that the landlord must get leave from the court before proceeding.

The landlord must advise the tenant of these rights in the section 146 notice.

Question 8

What is a Jervis v Harris clause?

Answer 8

A Jervis v Harris clause will give the landlord the right to:

• enter the property
• carry out any repairs
• recover the cost of doing so from the tenant.

There is no need for the landlord to serve a section 146 notice (and therefore no opportunity for the tenant to serve a counter-notice).

The cost of carrying out the repairs is treated as a debt to the landlord, not damages, and therefore it can be recovered in full.