Section 59 — Residential Tenancies Act 1986: Destruction of premises

59 Destruction of premises (1) Where, otherwise than as a result of a breach of the tenancy agreement, 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) of this section, the period of notice shall be not less than 7 days. (3) Where a tenant gives notice of termination under subsection (1) of this section, 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 (South Australia),

s 71