Termination by lessor because of damage
89 Termination by lessor because of damage
The lessor may terminate a lease by giving at least 30 days notice of his or her intention to terminate if—
the premises have, or a building containing the premises (the building) has, been damaged; and
the lessor has told the tenant under section 88 (a) that the lessor does not intend to repair the premises or building; and
either—
the premises or building has to be, or has been, demolished because of the damage; or
the damage extends to more than 50% of the premises or building; or
it is impracticable for the lessor to repair or reinstate the premises or building, acting reasonably and promptly, within 1 year after the day, or last day, the damage happened; or
the premises cannot be used because of the damage, the lease is due to expire within 2 years after the day, or last day, the damage happened and the lease contains no option for extension.
No compensation is payable for termination under this section.
This Act’s bill:Explanatory statementSecond reading speech
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