269 Exoneration of lessee if lessor is insured

(1)

If this section applies, the lessor must not require the lessee—

(a)

to meet the cost of making good the destruction or damage; or

(b)

to indemnify the lessor against the cost of making good the destruction or damage; or

(c)

to pay damages in respect of the destruction or damage.

(2)

If this section applies, the lessor must indemnify the lessee against the cost of carrying out any works to make good the destruction or damage if the lessee is obliged by the terms of any agreement to carry out those works.

(3)

Subsection (1) does not excuse the lessee from any liability to which the lessee would otherwise be subject, and the lessor does not have to indemnify the lessee under subsection (2), if, and to the extent that,—

(a)

the destruction or damage was intentionally done or caused by the lessee or the lessee’s agent; or

(b)

the destruction or damage was the result of an act or omission by the lessee or the lessee’s agent that—

(i)

occurred on or about the leased premises or on or about the whole or any part of the land on which the premises are situated; and

(ii)

constitutes an imprisonable offence; or

(c)

any insurance moneys that would otherwise have been payable to the lessor for the destruction or damage are irrecoverable because of an act or omission of the lessee or the lessee’s agent.

Section 269(3)(b)(ii): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).