Lease Traps - Implied Terms, ‘Obvious’ Assumptions & Litigation Risk

Introduction

Lease disputes frequently arise not from what the lease says, but from what it doesn’t say - or what one party assumes is ‘standard’ but turns out to be legally absent. This is particularly acute in older leases, poorly drafted commercial leases, and ‘short form’ residential arrangements where parties rely on custom and practice instead of clear wording.

This virtual classroom seminar looks at lease disputes through the lens of a property litigator. How do implied terms arguments emerge, when will courts imply terms into leases, and why do some apparently sensible arguments fail?

The session focuses on practical pitfalls such as repair obligations, service charge recovery gaps, easements and rights that are assumed but not granted, obligations around insurance, compliance with statutory regimes, and landlord/tenant expectations around quiet enjoyment and nuisance.

Delegates will learn how to spot drafting omissions early, reduce litigation risk through better drafting and reporting, and manage disputes where clients discover after the event that ‘it isn’t in the lease’.

What You Will Learn

This live and interactive course will cover the following:

• The difference between construction vs implication (and why this matters in disputes)
• The legal test for implied terms and common misconceptions
• Where implied terms most commonly arise in lease litigation:
• Repair and reinstatement obligations
• Access for works and rights of entry
• Insurance obligations and contribution disputes
• Service charge recovery gaps/consultation mechanics
• Quiet enjoyment/derogation from grant
• The ‘silent lease’ traps:
• Missing easements (rights of way, services, support/shelter)
• Defective reservations/rights for access to repair
• Ambiguous demise definitions and repair boundaries
• Absence of express enforcement machinery (mutual enforceability)
• Tactical issues in disputes:
• Pleading implied terms properly
• Evidence required (commercial purpose/surrounding circumstances)
• Risks of relying on ‘market practice’
• Drafting and risk management:
• Checklist of clauses that prevent implied term disputes
• Model clauses for repairs, access, services, insurance, reinstatement
• How to write client reports that avoid ‘you didn’t warn me’ claims

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.