Notice of breach of covenant

If your tenant has broken one of the covenants in the lease, what happens next?  In essence, you have to serve what’s called a s.146 Notice on them unless the breach is a non-payment of rent. 

What type of breach?

You’re required to set out the details of the breach(s).  If need be attach and refer to a schedule.  You also have to know whether or not the breach is capable of being remedied and use the appropriate part of the notice to say whether it is or isn’t.  For example, if your tenant has assigned the lease without your consent, then it’s a breach that can’t be remedied.  On the other hand, if the tenant is in breach of a repairing obligation, it’s likely that this can be remedied.  If you’re in doubt, take a cautious approach and add the words “insofar as [it is] or [they are] capable of remedy. 

What is a reasonable period of time?

There’s no set limit because it all depends on the type of breach.  What you must do is always give the tenant a reasonable period of time to put things right.  If you’re not sure, take advice. 

And if the tenant doesn’t comply?

If the tenant either doesn’t remedy the breach within a reasonable period of time or doesn’t bother at all, then you have to apply to the court to forfeit the lease unless the tenant moves out voluntarily.