Reply To: Rent liability for uninhabitable property

Alistair Costelloe

Many tenancies have clauses waiving the rent during periods in which the property has been damaged or destroyed to the extent that it is uninhabitable. They’re usually included to address the occurrence of events covered by the insurance such as fire/floods etc, but they may also cover the contractual breach caused by the loss of amenity – assuming this is nothing to do with the conduct of the tenant.

The liability to pay rent may therefore have been paused during the period the property is uninhabitable.