Issued Section 146 Notice - No progress what do i do next ?

[lucky13]

Hi Guys

So I have a neighbour who has breached 7 conditions of her lease, I've issued them with the S146 Notice and gave them a reasonable time of 3 months to fix the breaches but they have done nothing.

Now that they have passed the deadline what do I have to do next to take the issue to court and attempt to have the lease forfeited, I'd like to try and attempt this myself as I've previously been to court regarding a small claims case and I successfully won that, so I'd like to try and do the same.

Would it be possible for someone to quickly outline what forms I need to fill in and what steps I need to take to achieve this ?*

This neighbour is making everyone's life hell, so I need to show them we mean business.

Many thanks

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[jaguarsuk]

You need to make an application to the court using form N244 to commence proceedings in the County Court for forfeiture.

The tenant (or their mortgagee) has the right to apply to the court from relief against the order being sought in accordance with section 146(2) of the Law of Property Act 1925. It's more likely the mortgage company would get involved as opposed to them if they are ignoring the notice.

[lucky13]

Thanks for your reply Jaguar

Can you please give me a little more info on how the process works in a 1,2,3 type format ? For example.

1) So I fill in the N244 form and submit to the county court

2) I get a hearing date at the county court and so does the tenant.

3) I turn up and present my case with evidence of the breaches and their lease is then forfeit or more likely they somehow postpone the hearing .

I thought the case was heard by the Lease Tribunal Service or is that just another name for the county court ?


thanks Lucky13
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[lucky13]

Hi

Can anyone help with the above questions ?

Many thanks

Lucky

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[jaguarsuk]

Yes on 1 and 2.

3) I turn up and present my case with evidence of the breaches.

4) Their mortgage company will probably have applied to the court for relief and in turn are likely to be ordered by the court to make good the issues or else the lease will be forfeit.*

5) If they don’t make good you will apply for enforcement of the order and a notice of possession.

6) Another hearing will grant it.

7) You’ll have to enforce possession.*

No, it’ll be heard in the County Court.

[lucky13]

Thanks JaguarsUK that's really helpful


I've got a trainee solicitor helping me and they have said that I need to use an N5 form to make a claim for possession of a property along side an N120 form ( particulars of claim )


Do I use those forms for enforcing number 5 in your post above ?


They haven't mentioned an N244 form, so I'm getting bit confused now, when I read up on an N244 form is says this is used to set aside or vary a judgment, or suspend an enforcement process.


Many thanks and sorry for the extra questions

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[jaguarsuk]

N244 is to make an application to the court, it covers a wide range of things and it’s generally when you want some sort of order.*

You want the courts to order that the tenant comply with section 146 of the Law of Property Act 1925 to repair the issues they have been notified about or the lease be forfeit.

You could go straight to applying for possession due to the breach, notice having been served and therefore the lease be forfeit with possession granted. However their Mortgager will apply for relief and it won’t be granted.*

There is no way on this earth a Mortgage company is not going to defend a lease forfeiture of a property it has a charge on and the court will likely grant it them.*

If you know who their Mortgage is with it might be worth sending them a letter before action and seeing what outcome that ends in before spending money applying to the court. *