90Termination by tenant because of damage

90 Termination by tenant because of damage (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. (2) No compensation is payable for termination under this section.