59 Destruction of premises

(1)

Where, otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the premises are destroyed, or are so seriously damaged as to be uninhabitable,—

(a)

the rent shall abate accordingly; and

(b)

either party may give notice to the other terminating the tenancy.

(2)

Where a landlord gives notice of termination under subsection (1), the period of notice shall be not less than 7 days.

(3)

Where a tenant gives notice of termination under subsection (1), the period of notice shall be not less than 2 days.

(4)

Where, otherwise than as a result of a breach of the tenancy agreement, the premises are partially destroyed, or part of the premises is so seriously damaged as to be uninhabitable,—

(a)

the rent shall abate accordingly; and

(b)

either party may apply to the Tribunal for an order terminating the tenancy, and the Tribunal may make such an order if it is satisfied that it would be unreasonable to require the landlord to reinstate the property or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.

Compare: Residential Tenancies Act 1978–1981 s 71 (SA)

Section 59(1): amended, on 1 October 2010, by section 40 of the Residential Tenancies Amendment Act 2010 (2010 No 95).