England and Wales · Property Chamber
When can a landlord serve a section 146 notice after a final breach determination?
The landlord under a long lease of a dwelling. After the end of 14 days beginning with the day after final determination. Serve any otherwise lawful section 146 notice only after the statutory waiting period ends. The waiting period applies to final determinations under subsection (2)(a) or (c). The separate tenant-admission branch in subsection (2)(b) is not this clock. The determination must be final, including the applicable appeal position.
- Period
- After the end of 14 days beginning with the day after final determination
- Trigger
- The date the relevant breach determination became final
- Rule
- Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6). The waiting period applies to final determinations under subsection (2)(a) or (c). The separate tenant-admission branch in subsection (2)(b) is not this clock. The determination must be final, including the applicable appeal position.
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When can a landlord serve a section 146 notice after a final breach determination?
The landlord under a long lease of a dwelling. After the end of 14 days beginning with the day after final determination. Serve any otherwise lawful section 146 notice only after the statutory waiting period ends. The waiting period applies to final determinations under subsection (2)(a) or (c). The separate tenant-admission branch in subsection (2)(b) is not this clock. The determination must be final, including the applicable appeal position.
Responsible actor. The landlord under a long lease of a dwelling.
The date the relevant breach determination became final
Long lease of a dwelling and qualifying final determination established
The waiting period applies to final determinations under subsection (2)(a) or (c). The separate tenant-admission branch in subsection (2)(b) is not this clock. The determination must be final, including the applicable appeal position.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)How does this provision count time?
- The day after final determination is day one. The 14th day ends the waiting period. The first calendar date after that period is the earliest date under this restriction, not the last date for serving.
- Serve any otherwise lawful section 146 notice only after the statutory waiting period ends
- The 14-day wait starts on the day after final determination. The earliest otherwise lawful section 146 notice falls after that full period. A weekend does not extend this substantive waiting period, and this date does not certify lawful service.
The day after final determination is day one. The 14th day ends the waiting period. The first calendar date after that period is the earliest date under this restriction, not the last date for serving.
The 14-day wait starts on the day after final determination. The earliest otherwise lawful section 146 notice falls after that full period. A weekend does not extend this substantive waiting period, and this date does not certify lawful service.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)What do independently checked examples show?
Fictitious example
Fictitious actual source event. The date the relevant breach determination became final established on Tuesday, October 13, 2026. Serve any otherwise lawful section 146 notice only after the statutory waiting period ends. All selected source conditions are established unless this scenario expressly refuses them.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictitious actual source event. The date the relevant breach determination became final established on Tuesday, October 13, 2026. Serve any otherwise lawful section 146 notice only after the statutory waiting period ends. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine. | Wednesday, October 28, 2026 |
| Example 2. Closed-day boundary | Fictitious actual source event. The date the relevant breach determination became final established on Friday, October 2, 2026. Serve any otherwise lawful section 146 notice only after the statutory waiting period ends. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine. | Saturday, October 17, 2026 |
| Example 3. Material procedural branch | Fictitious actual source event. The date the relevant breach determination became final established on Tuesday, October 13, 2026. Serve any otherwise lawful section 146 notice only after the statutory waiting period ends. All selected source conditions are established unless this scenario expressly refuses them. Independently derived with Python calendar correspondence or counted calendar dates, without importing the application helper or engine. | The determination is not established as final, or the case is the separate admission-only branch. Do not start the determination waiting clock. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicable source condition 1
- Long lease of a dwelling and qualifying final determination established
- Applicable source condition 2
- Admission-only route excluded from this selected model
- Applicable source condition 3
- All other section 146 requirements and effective-service facts separately checked
- Counting and completion
- The day after final determination is day one. The 14th day ends the waiting period. The first calendar date after that period is the earliest date under this restriction, not the last date for serving. The 14-day wait starts on the day after final determination. The earliest otherwise lawful section 146 notice falls after that full period. A weekend does not extend this substantive waiting period, and this date does not certify lawful service.
- The waiting period applies to final determinations under subsection (2)(a) or (c). The separate tenant-admission branch in subsection (2)(b) is not this clock. The determination must be final, including the applicable appeal position.
- The waiting period applies to final determinations under subsection (2)(a) or (c). The separate tenant-admission branch in subsection (2)(b) is not this clock. The determination must be final, including the applicable appeal position.
What must the responsible actor complete?
Questions about this procedure
When can a landlord serve a section 146 notice after a final breach determination?
Does a tenant’s admission start this waiting period?
Subsection (3) names the determination branches in subsection (2)(a) and (c). It does not impose this particular waiting period on the admission branch.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)Does the determination date itself count?
No. The 14-day period begins with the day after the final determination was made.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)Can the landlord serve on day fourteen?
Not by virtue of the determination branches. Service must wait until after the end of the 14-day period.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)Is the first-instance decision always final?
No. Establish the applicable finality and appeal position before treating a determination as final.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)Which tribunal determines a breach in Wales?
Subsection (6) identifies a leasehold valuation tribunal for a dwelling in Wales. For England it identifies the First-tier Tribunal or, where the rules determine, the Upper Tribunal.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)Does expiry make forfeiture automatic?
No. This restriction concerns serving a section 146 notice. Other statutory, lease and effective-service requirements still apply.
Commonhold and Leasehold Reform Act 2002, s.168(1)–(6)Official sources and review
Provisions used (1)
| Provision | Purpose |
|---|---|
| Commonhold and Leasehold Reform Act 2002, s.168(1)–(6) | Check the identified procedure, event, counting rule or qualification |