Damage by insured risks. 23.1 The Landlord is responsible for insuring the Building, but will only insure the Tenant’s personal possessions if the Tenant requested it and has paid the relevant premium.
23.2 The insured risks may vary from time to time and will depend on the terms of the Landlord’s insurance policy. Typically, insured risks will include damage by fire, lightning, explosion, malicious persons, storm, flood, escape of water, subsidence and impact by vehicles or aircraft.
23.3 If the Room becomes uninhabitable or inaccessible because of damage by an insured risk then (subject to clauses 16.5 and 16.6 (Landlord’s right to end the tenancy), clauses 17.6 and 17.7 (Xxxxxx’s right to end the tenancy) clause 23.4 (Tenant voids the insurance) and clause 23.5 (limiting the Landlord’s liability):
23.3.1 the Landlord will:
23.3.1.1 use reasonable endeavours to provide alternative accommodation for the Tenant until the Room is once more accessible and fit for habitation or until the end of the Tenancy Period, whichever occurs first;
23.3.1.2 reinstate the Room and Contents as soon as reasonably practicable;
23.3.1.3 refund to the Tenant any pre-paid Rent for the period after the date of the damage if the Landlord is unable to provide alternative accommodation;
23.3.1.4 not be liable to pay the Tenant any Damages unless they are paid by the insurer; and
23.3.2 the Tenant will:
23.3.2.1 move into alternative accommodation if and for so long as it is offered by the Landlord, provided the alternative accommodation is located within 3 miles of the Building or within 3 miles of the Tenant’s usual place of study;
23.3.2.2 move back into the Room once it has been reinstated;
23.3.2.3 pay the Rent when it falls due;
23.3.2.4 not be liable to pay any additional rent, even if the alternative accommodation is of a higher value than the Room;
23.3.2.5 be entitled to Damages equivalent to the difference in value between the alternative accommodation and the Room, if the alternative accommodation is normally let at a lower rate than the Rent, for the period that the Tenant occupies the alternative accommodation.
23.4 The Landlord shall have no liability to the Tenant (under clause 23.3.1 or otherwise) and the Tenant will remain liable to pay the Rent if the insurer refuses to pay for alternative accommodation because of the Tenant’s own action or neglect.
23.5 The Landlord’s liability to the Tenant in respect of any insured event is limited to the amount paid to the Landlord by the insurer div...
Damage by insured risks. If the Property is or the Common Parts are damaged by any of the risks to be insured under this lease and as a result of that damage the Property or any part of it cannot be used for the Use Allowed:-
14.1 if at any time it is unlikely that the Property or the Common Parts will be fully restored within two years from the date of the damage the Landlord may end this lease by giving one month's notice to the Tenant during this time period (but not later) in which case
14.1.1 the insurance money belongs to the Landlord; and
14.1.2 the Landlord’s obligation to make good the damage ceases
14.2 if the Property or the Common Parts are not fully restored within two years from the date of damage and the Landlord has not given notice to the Tenant under this clause the Tenant may end this lease by giving written notice (taking immediate effect) to the Landlord after the end of this time period but not earlier
14.3 any dispute arising under any part of this clause is to be decided by arbitration
Damage by insured risks. In the event of the Demised Premises or any part thereof at any time during the Term being damaged or destroyed by the insured risks or any of them so as to be unfit for occupation and use and if the Landlords policy or policies of insurance shall not have been rendered void or voidable or payment of the policy moneys refused in whole or in part by reason of any act or default of the Tenant then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Demised Premises shall again be rendered fit for occupation and use and any dispute concerning this clause shall be determined by arbitration in accordance with the Arbitration Xxx 0000 and any statutory modification or re-enactment thereof
Damage by insured risks. PROVIDED FURTHER that where the Demised Premises are destroyed or damaged by any of the Insured Risks then the rebuilding repair or reinstatement thereof made necessary by such destruction or damage undertaken or to be undertaken pursuant to the Superior Landlord's covenant under the Headlease to this effect shall not be included in this clause 5.4 except to the extent that payment of any monies payable under any policy of insurance shall be refused by reason of any act neglect or default of the Tenant or its undertenants or its or their respective servants agents licensees or invitees
