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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9147
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have served two s146 notices on my tenants and forfeited

Customer Question

i have served two s146 notices on my tenants and forfeited the lease by peaceable reentry - they are now claiming unlawful eviction and are looking to pursue damages for loss of business etc due to the unlawful eviction. I need someone to check the notices I have served and let me know if I have missed something in the process that could leave me exposed
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: UK - England and WAles
JA: What action has been taken so far? What's your ideal outcome?
Customer: 2 section 146 notices served for breaches of the lease - 7 days given to remedy the breaches - 10 days later (after no remedy) bailiffs instructed to change the locks and gain possesion i just want to know if I have left myself exposed for any action in court
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that is all
Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
I have attached the S146 notices I served and a copy of the lease agreement too.
Expert:  Property Lawyer replied 1 year ago.

Have you received any written correspondence from the tenant?

Customer: replied 1 year ago.
I have recieved a letter from their solicitors. They have only mentioned one of the breaches in their letter, and they feel it is invalid deeming the repossesion unlawaful. I accept that I may have quoted the incorrect clause from lease for the breach for disconnecting the electric to the adjoining property. The second s146 notice for spray painting the exterior walls still stands and I am confident this is correct.The Solicitors also claimed the S146 is fundamentally flawed in that it is:1) unsigned - however I did sign both copies
2) does not identify the personal representative of the estate (the property is that of a deceased person - i am an adminstrator of the estate and have a Grant of Probate from the High Court) - however I have identified myself on the S146 as acting agent for the landlord
3) does not give sufficient time to remedy the breach - however I remedied both breaches within 36 hours of gaining possesion of the property