(1) The tenant may terminate a lease by giving at least 30 days notice of the tenant's intention to terminate if—
(a) the premises have, or a building containing the premises (the building ) has, been damaged in a material way; and
(b) either—
(i) the lessor tells the tenant under section 88 (a) (Notice of lessor's intentions regarding repair) that the lessor does not intend to repair the damage; or
(ii) the lessor tells the tenant under section 88 (b) that the lessor intends to repair or reinstate the premises or building (the plan ) but unreasonably departs from, or takes no reasonable action in relation to, the plan; or
(iii) the premises will not be able to be used for their normal purpose within a reasonable period, or for more than 1 year, after the day, or last day, the damage happened.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(2) No compensation is payable for termination under this section.