Leases (Commercial and Retail) Act 2001

This section applies if—

leased premises are, or the building containing the premises is, damaged; and

the premises cannot be used for their normal purpose because of the damage.

The tenant is not required to pay rent or outgoings under the lease while the premises cannot be used unless the Magistrates Court decides otherwise.

The lessor may apply to the Magistrates Court for an order for payment (in full or in part) of rent or outgoings if—

the damage to the premises or building was caused (fully or partly) by an act or omission of the tenant; or

the lessor is unable to claim insurance for the damage because the tenant has invalidated the lessor’s insurance.

This section does not apply to the extent (if any) to which the lessor and tenant agree to the payment, or reduced payment, of rent or outgoings after the premises are, or the building is, damaged.