Law of Property Act 1925

A notice under the Law of Property Act 1925 s.146 could only be validly served if a right of re-entry to leasehold premises had arisen through a particular breach under the provisions of the lease having occurred. There was no authority for the proposition that a s.146 notice could be served before the relevant right to re-entry had occurred, on the basis of an anticipated breach.

For more information see the England and Wales High Court (Queen’s Bench Division) Decisions.

Written by James Naylor

Partner, Naylor Solicitors LLP.

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