291.Section 168 places restrictions on the service of notices under section 146(1) of the Law of Property Act 1925 in respect of breaches of covenants or conditions in a residential long lease.  Subsection (1) prohibits the serving of a notice unless one of the conditions of subsection (2) is satisfied.  These are:
292.Subsection (3) provides that a notice cannot be served until 14 days after a final determination has been made under (a) or (c) above.
293.Subsection (4) provides that a landlord may apply to a LVT for a determination that a breach of covenant or condition has occurred but subsection (5) precludes this where the matter is to be referred to arbitration under a post dispute arbitration agreement (see section 169(5)) or where the matter has already been determined by a court or arbitral tribunal pursuant to such an agreement.
Commentary on the Sections: Part 1 Ground rent Forfeiture of leases of dwellings Section 168: No forfeiture notice before determination of breach