Section 146 Notice Forfeiture Of Your Lease
The law has been tightened up with regards to these notices. Many years ago a landlord could serve a section 146 notice on a leaseholder over arrears that were unpaid on a leasehold flat. The dreaded section 146 notice was used as a tool to force the leaseholder to pay up or risk losing their property through forfeiture. If you received one of these notices it was better to pay up and deal with the arrears as opposed to refusing to pay. The freeholder was able to bully the leaseholder into submission even if the arrears were spurious.
Thank goodness all of that has changed and these notices are very rarely served. A freeholder is not able to serve a section 146 notice unless he has been given permission to do so by the Leasehold valuation Tribunal. The freeholder has to present evidence to the tribunal for evidence of the breach of the lease and they will determine whether the notice can be served. The notice can’t be served for ground rent arrears and the notice may not be served for monies owed for a sum less than £350.00.
These are good changes to the law that make it harder for freeholder’s to abuse the system. With the birth of the Leasehold Valuation Tribunal all disputes are dealt with by a panel of experts and leaseholder’s now have better rights that are enforced by this independent body. Everything to do with leasehold law and disputes is dealt with by the LVT. If you are in dispute with your landlord the LVT will deal with it.