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On destruction of subject of the lease, tenant may surrender the lease.
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40. If any dwelling house or other building constituting the substantial matter of the demise, and holden by any tenant under any lease or other contract of tenancy not containing an express covenant or agreement binding on the tenant to repair the same, shall be destroyed, become ruinous and uninhabitable, or incapable of beneficial occupation or enjoyment, by accidental fire or other inevitable accident, and without the default or neglect of the said tenant, it shall be lawful for such tenant to surrender the said premises; and on tendering the said surrender and on payment of all rent and arrears due or accruing due, or tendering the same, the said tenant shall be thenceforth discharged from all obligation to pay the rent or perform the covenants and conditions in the lease thenceforward.
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