Q7. In a rented flat, as between the landlord and tenant, is the landlord or the tenant responsible for repairing/replacing fixtures (e.g. built-in kitchen cabinets and bathroom sinks) and fittings (e.g. fridges and sofas) destroyed in the fire? How will the Court decide whether the tenancy (along with the obligations under it, such as the duty to pay rent) has been terminated because of the fire?

There is no fixed answer to this question. In daily language, it depends on, amongst others, what the tenancy agreement says, who owned the item, and whether it forms part of the flat itself or is a movable personal belonging. Subject to the terms of the tenancy agreement, it is common that a landlord is responsible for repairing items that form part of the flat itself, but not movable personal belongings; despite the fire, if the tenancy continues to be effective, it is likely that the owner remains responsible for repairing the parts or items that form part of the flat itself.

Which items form part of the flat itself, and which are movable personal belongings? In broad terms, built-in items (such as fixed cabinets, partition walls, and sanitary fittings) are more likely to be treated as part of the flat, whereas movable items (such as fridges, tables, chairs, clothing and sofas) are more likely to be treated as personal belongings.

Building or fire insurance arranged through the Owners’ Corporation, subject to their terms, commonly covers structural damage such as walls, floors, ceilings, doors and windows, but typically does not cover personal belongings or home contents, while a personal home contents policy typically covers furniture, clothing and personal belongings and may also cover temporary accommodation costs. Therefore, depending on its terms and the cause of the fire, insurance may reimburse repair or reinstatement costs.

If the fire was caused by a third party (such as resulting from the third party’s negligence), a person suffering property damage may bring a civil claim against the third party. See: Answer to Question 1 above.

It is important to note that an agreement may contain a fire clause, a force majeure clause, or a termination clause covering the situation where the premises are seriously damaged by fire. Moreover, if the premises become completely uninhabitable, there is a potential argument that the tenancy (along with the obligations under it, such as the duty to pay rent) have been frustrated, meaning the contract has effectively come to an end because the event has made future performance impossible or fundamentally different. However, it is highly fact-sensitive, and not every serious inconvenience is enough. Frustration is a high threshold, and the premises must usually be so severely damaged as to be rendered unfit for use, not merely in poor condition or in need of repair.

In some leases, there may be a clause stating that rent may be suspended if, during the lease term, the property, or most of it, is destroyed or seriously damaged by an event not the tenant’s fault and beyond the landlord’s control. The clause usually specifies what kinds of events are covered. Normally, the damage must be serious enough that the property cannot be accessed or cannot reasonably be lived in or used. It may also cover situations where the building has been declared dangerous or is subject to a closure or demolition order. If those conditions are met, the rent, or a fair portion of it, depending on the severity of the damage, abates, is suspended, or ceases to be payable either right away or from a stated time until the property becomes accessible and fit to use again. The clause, if it exists, also often says that the landlord may choose to repair or restore the property, but does not have to do so; and if the property is not repaired or made fit for use again within a specified time, either the landlord or the tenant may end the tenancy by giving written notice.

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

Moreover, it is open to the landlord and tenant to enter into discussions and an express agreement. However, you should seek independent legal advice before entering into a binding agreement. Any agreement reached should be put in writing and signed by all parties.

For relevant principles governing subdivided units, please see “Mandatory Terms Implied for every Regulated Tenancy”.

Practical steps:

Make a room-by-room list separating built-in items from movable belongings.
Find and keep the tenancy agreement, inventory, check-in photos, warranty documents, proof of purchase, and evidence showing the value of damaged property, because these documents help prove the ownership and amount of the claim.
Ask the Owners’ Corporation or property manager for the building policy wording and claims contact.
Notify the insurer and make a claim, where applicable, under your own personal home contents policy, if any.
Do not throw away damaged items too quickly unless safety requires disposal and you have properly photographed them and documented the extent of the items’ damage first.