A landlord and tenant can agree to end a tenancy on the grounds that a tenancy is 'frustrated', if:
- the property is destroyed or
- the property becomes totally or partly uninhabitable.
Sometimes an agreement is not possible. In this case the tenant or landlord can give a written termination notice to end the tenancy on the basis the property is uninhabitable.
The tenant can move out temporarily and return once repairs have been carried out. The landlord is not obliged to find or pay for the tenant’s temporary accommodation.
If the property is only partly uninhabitable, the tenant can choose to stay in the property while repairs are being carried out. Tenants should only consider doing this if the damage is minor and there is no safety risk.
The tenant and landlord can formally end the agreement and re-sign a new agreement after the repairs are complete. Tenants should be aware that a higher rent could be included in the new agreement.
Find out more about ending a tenancy.