I have been served with a section 146 notice, what is this and do I need a solicitor?

I have been served with a section 146 notice, what is this and do I need a solicitor?

I have been served with a section 146 notice, what is this and do I need a solicitor?

Answer: 

A section 146 notice is served by a landlord when they consider their tenant to be in breach of the terms of the tenancy. 

Other than in relation to unpaid rent (where a section 146 notice isn’t required, but sometimes served), a section 146 notice is a necessary first step in the process of recovering possession of a property. The notice must give the tenant a reasonable period of time to comply with its requirements.  Should the tenant fail to comply, the landlord can take steps to terminate the tenancy, resulting in the tenant being evicted from the property.

If the tenant accept the contents of the section 146 notice but wish to avoid being evicted, they should comply with its requirements as soon as they are able.  It is also sensible to engage in discussions with the landlord to let them know they are doing that.  If some additional time is needed to comply, the tenant should ask the landlord, Providing the request is reasonable, they should accept your request.

If the tenant contests the contents of the section 146 notice because they do not believe they are in breach, then it would be sensible to consult with a solicitor so that a formal response can be given to the landlord.  It makes sense to do this before the landlord issues proceedings seeking to evict the tenant from the property, as in the long run that is likely to save a considerable amount of money.

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