Building destroyed and Tenancy ends

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  • เผยแพร่เมื่อ 13 ต.ค. 2024
  • If a building is destroyed, the tenancy typically does not continue because the subject matter of the tenancy-the building or premises-is no longer in existence. If the building is destroyed due to fire, natural disaster, or any other reason beyond the tenant's or landlord's control, the lease agreement usually becomes void. The general principle is that the tenancy would terminate automatically due to the frustration of the contract. In the context of Kerala Rent Control laws, the tenant may not be liable for rent after the destruction of the building, and the landlord would not be obligated to provide alternative accommodation.
    After the demolition of the building, the tenant is not entitled to put his own structure in place. Even though he was allowed to enjoy the building and the site as a composite unit, once the structure is destroyed, the tenant cannot put up constructions and enjoy the same.
    V Kalpakam Amma Vs. T Subramani Iyer, AIR 1995 Ker 99.

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