Lease Breached - How do I submit a Section 146 Notice ?

[lucky13]

Hi Chaps

I have a neighbor that is point blank refusing to fix any of the 6 breaches, they simply don't care...I have posted them a recorded delivery letter advising of the exact breaches and how to fix them as well as talking to them numerous times about the issues but again no luck what so ever...I have advised from the beginning that if they don't fix the breaches within 8 weeks that i will apply for a Section 146 notice for Forfeit of Lease

Can anyone please advise how I apply and serve a 146 notice ( I appreciate I can just pay a solicitor ) but I have carried out legal action before such as small claims and appearing in court proofing my case, so I'm not afraid of attempting this myself.

I believe that the time for diplomacy has passed and that legal action really is my only option, I'd really appreciate some advice on this

[jaguarsuk]

Hi Chaps

I have a neighbor that is point blank refusing to fix any of the 6 breaches, they simply don't care...I have posted them a recorded delivery letter advising of the exact breaches and how to fix them as well as talking to them numerous times about the issues but again no luck what so ever...I have advised from the beginning that if they don't fix the breaches within 8 weeks that i will apply for a Section 146 notice for Forfeit of Lease

Can anyone please advise how I apply and serve a 146 notice ( I appreciate I can just pay a solicitor ) but I have carried out legal action before such as small claims and appearing in court proofing my case, so I'm not afraid of attempting this myself.

I believe that the time for diplomacy has passed and that legal action really is my only option, I'd really appreciate some advice on this

So you are the landlord of the neighbour?

[lucky13]

Yes i'm the secretary of the management company that own the freehold, there are 5 flats and flat 2 has breached.

Any advise on how I actually raise a Section 146 would be greatly appreciated, such as what forms I fill in or which court I need to contact...i can't seem to find much via google all the advice seems to speak of when you can issue a Section 146 Notice but nothing actually seems to advise how you actually do it..

Many thanks

[jaguarsuk]

Yes i'm the secretary of the management company that own the freehold, there are 5 flats and flat 2 has breached.

Any advise on how I actually raise a Section 146 would be greatly appreciated, such as what forms I fill in or which court I need to contact...i can't seem to find much via google all the advice seems to speak of when you can issue a Section 146 Notice but nothing actually seems to advise how you actually do it..

Many thanks

So at this stage you do not need to file anything with the court, you simply need to correctly create and then serve on the breaching party a section 146 notice.

This site seems to allow you to create one for free: https://www.rocketlawyer.co.uk/docum...BoCU0gQAvD_BwE

If the leaseholder does not carry out the actions in the notice then you would apply to court using a form N244 and paying the application fee for an order to enforce the notice.

[lucky13]

That's fantastic thank you

So I've done some more digging and it looks like the Freehold is actually owned by a third party ( A very old man who doesn't want to be involved ), although I'm the secretary of the management company do I :

A) Have any rights as the management company secretary to serve the Section 146 Notice

B) Have any rights as the management company secretary to fill in and submit the N244 form ?

[jaguarsuk]

As long as the freeholder has signed a contract for you to act as his agent to manage it then yes you can sign the notice in that capacity and apply to court.

If you have to apply to court the N244 will need to be lodged in his name as the freeholder and all pleadings formatted in his name. You will still sign them, but it’s his property and therefore he has to apply albeit via his agent.

However in the first line of the witness statement you will say:

“I <your name> am the agent off the appellant and am duly authorised by him to act on his behalf in this matter, this statement from my facts of my own knowledge.”

You’re also going to have to include a draft order for the court as well.

[lucky13]

As long as the freeholder has signed a contract for you to act as his agent to manage it then yes you can sign the notice in that capacity and apply to court.

If you have to apply to court the N244 will need to be lodged in his name as the freeholder and all pleadings formatted in his name. You will still sign them, but it’s his property and therefore he has to apply albeit via his agent.

However in the first line of the witness statement you will say:

“I <your name> am the agent off the appellant and am duly authorised by him to act on his behalf in this matter, this statement from my facts of my own knowledge.”

You’re also going to have to include a draft order for the court as well.

That's amazing thanks JAGUARSUK

I've now had a chance to read through our Management Companies Head Lease and there is a section that grants us all rights of action would this count as a signed contract to act on his behalf for lease breaches ?

I've pasted below the full extract


"The Lessors assign to the management Company all rights of action which are now vested in the lessors under or by virtue of the existing leases save and except only the right to sue upon the respective lessees covenants to pay the respective rents accrued due under the existing leases prior to the signing of this concurrent lease."


Also you mention I'll need to file a draft order for the court, can you explain in a little more detail what this is ?

Many thanks again for your help it's really appreciated

[jaguarsuk]

Yes, the lease is a contract between you as the managing agent and the buildings owner.

The draft order needs to be set out like other pleadings, but in the contents contain the wording of the order you are seeking.

When making the application you probably want to apply for it without a hearing as I don’t see why you’d need a hearing.

You need to include either information about why you are seeking the notice and enclose the letter you sent in box 10 or enclose a Witness Statement to derail it with the letter as an exhibit to the Witness Statement.

[lucky13]

That's amazing thanks JAGUARSUK

I've now had a chance to read through our Management Companies Head Lease and there is a section that grants us all rights of action would this count as a signed contract to act on his behalf for lease breaches ?

I've pasted below the full extract


"The Lessors assign to the management Company all rights of action which are now vested in the lessors under or by virtue of the existing leases save and except only the right to sue upon the respective lessees covenants to pay the respective rents accrued due under the existing leases prior to the signing of this concurrent lease."


Also you mention I'll need to file a draft order for the court, can you explain in a little more detail what this is ?

Many thanks again for your help it's really appreciated

Brilliant thanks

Going back a few steps I'm just looking at the 146 notice creation wizard you posted https://www.rocketlawyer.co.uk/docum...BoCU0gQAvD_BwE

Under the Landlord Field would I put the Management Company name or the name of the actual Freeholder owner ?

Sorry I just want to be sure I get the wording 100% right as I've heard of defense solicitors picking holes in even the smallest detail when it comes to these breach claims

[jaguarsuk]

Name of the Freeholder, but to clarify this is to create the notice to be served on the other party not generate a draft order.

[lucky13]

Yes thanks this is just for the 146 notice

I've got a little further in the 146 notice document and a few quick questions

It asks for the date of the lease, is this what's written in the original lease when it was originally first created i.e June 1973 in this case or when the current and breaching tenant purchased the property which was only 5 years ago ?

It also asks for original landlord and original tenant again is this when the lease was first created and the first tenant moved in ?.....all this info is on the lease ....but it's 46 years ago and nothing to do with the current tenant.

[jaguarsuk]

The original date, yes the original parties from 46 years ago.

[lucky13]

Yes thanks this is just for the 146 notice

I've got a little further in the 146 notice document and a few quick questions

It asks for the date of the lease, is this what's written in the original lease when it was originally first created i.e June 1973 in this case or when the current and breaching tenant purchased the property which was only 5 years ago ?

It also asks for original landlord and original tenant again is this when the lease was first created and the first tenant moved in ?.....all this info is on the lease ....but it's 46 years ago and nothing to do with the current tenant.

thanks for your help again

Something I expected to see in the 146 notice was what the tenant has to do to remedy each breach ( my tenant has 7 breaches ) instead it only gives them a time-limit can I really be that vague ?

Thanks again and sorry about all the questions.

[lucky13]

Thanks again for the help can I just clarify:

Do i only need to list the breaches by including the exact section and wording of the clause they have breached as it is written in their lease ?

Could I also list what they need to do to remedy the breach or would that make the 146 notice void by breaking the format of the 146 notice ?

Also it says I need to submit two copies of the 146 notice and that the tenant needs to sign one copy and send it back...there is no way the tenant will do this, so could I just post the 146 notice as recorded delivery and use the recorded delivery record to show it has been received and understood..or would this not hold up in court ?

many thanks

[jaguarsuk]

Thanks again for the help can I just clarify:

Do i only need to list the breaches by including the exact section and wording of the clause they have breached as it is written in their lease ?

Could I also list what they need to do to remedy the breach or would that make the 146 notice void by breaking the format of the 146 notice ?

Also it says I need to submit two copies of the 146 notice and that the tenant needs to sign one copy and send it back...there is no way the tenant will do this, so could I just post the 146 notice as recorded delivery and use the recorded delivery record to show it has been received and understood..or would this not hold up in court ?

many thanks

Yes, you must quote verbatim the section they have breached and how.

It's not for you to dictate how the tenant resolves the breaches, as long as they do it is up to them what action to take.

Send two recorded delivery asking for one to be signed and returned. You can't force them to sign it, so that will suffice.