In the aftermath of the recent Canterbury earthquakes, questions have arisen over the liability of tenants to pay rent on premises that are damaged and/or inaccessible. Clauses 26 and 27 of the ADLS lease provides that if the premises or building under the lease is damaged or destroyed, as to make the premise untenantable, then the lease is terminated from the date of damage or destruction. What is “untenantable” is a matter of fact and degree, assessed not just by the extent of damage, but also by the duration of interference. Temporary closure for repair will not be enough to terminate a lease, for example, a two or three month closure during a five year lease will not suffice. For those in Christchurch, patience will be needed as damaged properties will be assessed on a case by case basis. As for rent, the Property Law Act 2007 provides that any rent or outgoings under the lease are reduced or suspended in fair proportion to the damage or destruction until the premises is fit for occupation again. However, the unique issue facing many Christchurch leaseholders is the situation where their properties are not damaged but are inaccessible due to the police cordon. The ADLS lease does not address this type of situation, however, it may be the case that the fundamental purpose of the lease is frustrated by the cordon, bringing the lease to an end.