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Q13. Can I terminate my tenancy agreement even if my unit was not damaged, but I feel too afraid to continue living there after the fire?

Normally, fear alone is not enough to end a tenancy automatically if the flat itself remains safe, accessible and fit to live in.  You may still be able to leave if the tenancy agreement gives you a contractual right to do so —for example, if it contains a break clause that allows you to terminate the tenancy by giving a written notice to quit — or if the tenancy agreement contains a fire clause, force majeure clause or termination clause that allows early termination after serious fire damage. 

 

See further: the discussion in Question 7 about fire clause, force majeure clause, termination clause and frustration.

 

Therefore, it is important to read the tenancy agreement carefully, and to consult a lawyer to ascertain whether the agreement remains legally effective and to understand your rights and obligations in law.

 

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