87Dispute about useability of damaged premises

87 Dispute about useability of damaged premises (1) If there is a dispute about whether leased premises have been damaged, or the building containing the premises has been damaged, so that the leased premises cannot be used for their normal purpose, a party to the lease may apply to the Magistrates Court for a declaration about whether the premises can or cannot be used for their normal purpose because of the damage. (2) For this section, premises can be used for their normal purpose if they can be used fully or partly for their normal purpose. (3) This section does not apply in relation to the use of premises during a period (if any) for which the lessor and tenant have agreed to the payment, or reduced payment, of rent or outgoings.