Section 30: Premises vacated on ground of destruction or serious damage

30. Premises vacated on ground of destruction or serious damage (1) Subject to subsection (2), where any premises have been vacated by a tenant because they were— (a) completely destroyed or damaged beyond repair; (b) pulled down by a lawful order issued by a sanitary, building or other authority; or (c) the subject of a possession order issued pursuant to— (i) section 25; or (ii) section 26 (1) (a), and the premises have been reconstructed or, as the case may be, the necessary repairs have been effected so that they are once more in a tenantable condition, the landlord, or anyone in his rights, shall, before letting them to any other person, and not later than 30 days after the completion of the construction or repairs, inform the former tenant of that fact by causing a notice in the form set out in the Third Schedule to be served on him by an usher. (2) Subsection (1) shall not apply to any premises referred to in subsection (1) (c) (ii), where their destination before the implementation of the scheme of reconstruction or improvement has materially altered as a result of the implementation. (3) Where a tenant has been served with a notice under subsection (1), he shall, if he is willing to resume occupation of the premises— (a) so inform the landlord in writing within 10 days from the date on which he received the notice; and (b) thereby indicate to the landlord whether he agrees to the rent specified in the notice or intends to ask the Tribunal to fix the fair rent. (4) Where the tenant informs the landlord, pursuant to subsection (3), that he is willing to resume occupation of the premises, he shall, unless another date is agreed upon in writing, be deemed to have let the premises from the first day of the second month following that during which the notice under subsection (1) was served. [Issue 1] L6 – 14 Revised Laws of Mauritius (5) Where the tenant fails to inform the landlord of his intention in accordance with subsection (3), the landlord shall be entitled to let the premises to any other person. (6) Where a landlord has let any premises without complying with an obligation imposed on him by subsection (1), the Court may, on the application of the former tenant, order the landlord to pay to the former tenant damages which shall not exceed one million rupees.