Uninhabitable property - What does termination clause mean?

Hi there,

I’m looking to find out how the clause in our contract (below) works if the property has been made uninhabitable by the landlord in the effort to fix an issue from when it was built (the issue came to light after we moved in and wasn’t created or worsened by us).

Tenancy clause:
“If the Property is not made habitable within one month, either party may terminate this Agreement by giving immediate written notice to the other party”

We are not able to reside at the property and haven’t been for several weeks. After the full month, does this clause allow us to terminate with immediate effect giving the landlord no notice - or does our two month break clause still apply?

Grateful for any advice.


What work is being done at the property?

The flooring has been pulled up in the main living/kitchen area to investigate and then fix a water leak. All furniture has had to be removed, the electrics have been turned off and wires are exposed.

that seems to be a long time to get a job done in one room. You will not be still paying rent so contact the landlord and see what he says , I would be giving immediate notice.

Hi Sarah, I’ve never seen a clause like that before. It sounds like it would let you end the tenancy immediately after the property has been uninhabitable for one month. It may be worth asking for legal advice to make sure this clause is enforceable. I.e. to make sure that using it would legally end the tenancy.


What does it say BEFORE that clause ?