Commentary on Sections Part 4 - Condition of Dwelling Chapter 2 - Condition of Dwelling Section 95 - Limits on sections 91 and 92: general
267.If this section is incorporated as a term of the contract without modification, the landlord’s obligations to keep a dwelling fit for human habitation and in repair will not apply if the landlord could not comply without incurring unreasonable expense. The landlord will also not be required to rebuild a dwelling destroyed by fire, storm or flood.