Types of application to the First-tier Tribunal (Property Chamber)
Your landlord’s right to end your lease and take possession of the property (forfeiture)
These rights are set out in Sections 168 to 170 of the Commonhold and Leasehold Reform Act 2002.
If you break the conditions of your lease, including by not paying your service charges, the final action your landlord can take is to end your lease and take possession of the property. This is known as ‘forfeiture’.
If your landlord decides to take this action, they will generally start the procedure by giving you notice under section 146 of the Law of Property Act 1925 (a section 146 notice). This does not apply in the case of unpaid ground rent, where your landlord does not need to give you a section 146 notice before starting proceedings in the county court to repossess your home.
Breaking a condition in the lease
Since section 168 of the Commonhold and Leasehold Reform Act 2002 came into effect, your landlord cannot serve a section 146 notice unless you have agreed to this or admitted you have broken a condition, or a court or the tribunal has decided that you have done so.
Your landlord can apply to the tribunal to confirm that you have broken a condition of your lease.
Your landlord cannot apply to the tribunal for a decision on a matter which:
- has been, or will be, referred to arbitration (if you have agreed to this following the dispute)
- has been decided by a court
- has been decided by arbitration as a result of an agreement following the dispute
Your landlord cannot serve the section 146 notice until 14 days after the tribunal’s final decision. This is to give you the opportunity to meet the conditions of your lease.
Service charge arrears
If your landlord wants to take action to end your lease because you have not paid your service charges, they cannot serve the section 146 notice unless you have agreed or admitted to breaking the conditions of your lease by not paying these charges, the matter has been finally decided by the tribunal, or the tribunal are considering an appeal you have made following their decision. (‘Finally decided’ means the tribunal have made their decision and you have not appealed against it within 14 days, or if you have appealed against the tribunal’s decision, their decision is not set aside as a consequence of your appeal.)
Again, your landlord cannot end your lease until 14 days after the tribunal’s final decision.
For more information, see our information on service charges.
- Last updated:
- 11 May 2025
- Next review:
- 18 December 2026