The requirement on a landlord to specify the breach in a s146 notice, did not require each specific detail to be given; the notice must give the tenant however opportunity to remedy the defects. The landlord had become concerned that the tenant was not acting in accordance with the lease, but had not been allowed access.
Held: The requirement was for the tenant to be told of what repair was required but not how it was to be undeertaken. The judge confused the duty to specify the particular breach complained of, which the landlord is obliged to do, and giving particulars of the breach complained of which he is not obliged to do. The breach of the covenant in this case was very clear. The flat was divided into two. The notice clearly specifies the breach. It was therefore good.
Citations:
Gazette 04-Feb-1998, [1998] EWCA Civ 49
Statutes:
Landlord and Tenant Act 1925 146
Jurisdiction:
England and Wales
Citing:
Cited – Jolly v Brown CA 1914
‘The Act of Parliament provides that a right of re-entry or forfeiture for breach of covenant in a lease shall not be enforceable unless the lessor serves on the lessee a notice specifying the particular breach complained of, and if the breach is . .
Cited – Fox v Jolly HL 1916
The House referred to a schedule of repair served on the tenant: ‘Now the schedule is attacked on several grounds. It is said that it does not tell the tenant what it is he ought to do in order to remedy the breach of which complaint is made. I am . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 November 2022; Ref: scu.143527
