LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 89 Termination by lessor because of damage

LEASES (COMMERCIAL AND RETAIL) ACT 2001 - SECT 89

    (1)     The lessor may terminate a lease by giving at least 30 days notice of his or her intention to terminate if—

        (a)     the premises have, or a building containing the premises (the  building ) has, been damaged; and

        (b)     the lessor has told the tenant under section 88 (a) that the lessor does not intend to repair the premises or building; and

        (c)     either—

              (i)     the premises or building has to be, or has been, demolished because of the damage; or

              (ii)     the damage extends to more than 50% of the premises or building; or

              (iii)     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

              (iv)     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.

    (2)     No compensation is payable for termination under this section.