50Damaged premises

50 Damaged premises (1) A retail shop lease is taken to provide for the following if the shop or the building of which the shop forms part is damaged: (a) the tenant is not liable to pay rent, or an amount payable to the landlord in respect of outgoings or other charges, that is attributable to a period during which the shop cannot be used under the lease or is inaccessible due to the damage; (b) if the shop is still usable under the lease but its usability is diminished due to the damage, the tenant's liability for rent and an amount in respect of outgoings attributable to a period Business Tenancies (Fair Dealings) Act 2003 40 during which usability is diminished is reduced in proportion to the reduction in usability caused by the damage; (c) if the landlord notifies the tenant in writing that the landlord considers that the damage is such as to make its repair impracticable or undesirable, the landlord or the tenant may terminate the lease by giving not less than 7 days notice in writing to the other and no compensation is payable in respect of the termination; (d) if the landlord fails to repair the damage within a reasonable time after the tenant requests the landlord in writing to do so, the tenant may terminate the lease by giving not less than 7 days notice in writing to the landlord; (e) paragraphs (a) to (d) do not affect a right of the landlord to recover damages from the tenant in respect of damage or destruction to which those paragraphs apply. (2) A provision in a retail shop lease is void to the extent that it limits the liability of a party to the lease to pay compensation to another party to the lease in respect of damage to the shop or the building of which the shop forms part. (3) This section does not prevent the parties to a retail shop lease from terminating the lease by agreement if the shop or the building of which it forms part is damaged or destroyed.