Section 146 Notice – Forfeiture Of Lease
In reality very few flats are taken into possession due to a section 146 notice being served on a leaseholder for non payment of rent or an outstanding service charge. In order for a landlord to take possession of a flat a court order must be granted. In practice very few landlords enforce the procedures to the point of gaining possession but many use the notice as a way of enforcing payment by the leaseholder.
Writing To Leaseholders Building Society
In many instances where there is outstanding service charge payments or ground rent payments the landlord may write to the leaseholders building society to inform them that a section 146 notice has been served. This is normally a useful exercise as most building societies will pay the outstanding charges and add it to the leaseholders mortgage account.
Correct Procedure For Serving Notice
If the dispute is about arrears ou must first obtain a determination from the Leasehold Valuation that the amount is payable. Once the determination is confirmed the lessee must be allowed 14 days in which to settle the arrears. After 14 days if the arrears are not resolved the landlord may serve the section 146 notice. The section 146 will then be determined by the county court and not the LVT.