Correction to misleading guidance in Notes for Leaseholders

The Government has clarified when forfeiture action can and cannot be taken for non-payment of rent and other charges.

The move comes after ministers were made aware that the Notes for Leaseholders, which are part of the Landlord and Tenant (Notice of Rent) (England) Regulations 2004, SI 2004/3096, could be misleading.

To avoid any confusion, the Department for Communities and Local Government has added a correction slip to the notes.

Basically, the correction makes it clear that “forfeiture action cannot be taken for non-payment of rent, service charges or administration charges (or a combination of these) unless the unpaid amount is more than £350 or consists of (or includes) an amount which has been outstanding for more than three years”.

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