Implied Terms in Leases - Managing Drafting Risks

Introduction

Many lease disputes arise not from what the lease says, but from what it fails to say. Where parties assume that certain rights or obligations exist but the lease is silent, disputes frequently follow.

This webinar explores how these issues arise in practice and when courts may imply terms into leases. It focuses on common drafting omissions that regularly lead to disputes, particularly in older leases and short-form residential lease arrangements.

The webinar will provide practical guidance on identifying potential drafting gaps and understanding the litigation risks that arise when lease provisions are unclear or incomplete.

What You Will Learn

This webinar will cover the following:

• Construction vs implication
  • Why the distinction matters in disputes
  • The legal test for implying terms
• When courts will imply terms into leases
  • The role of business efficacy and obviousness
  • Common misconceptions in practice
• Common lease drafting gaps
  • Missing easements and rights of access
  • Repair obligations and reinstatement provisions
  • Insurance arrangements and contribution disputes
• Service charge and management issues
  • Recovery gaps in leases
  • Consultation and enforcement issues
• Other ‘silent lease’ traps
  • Ambiguous demise definitions
  • Missing enforcement mechanisms
  • Quiet enjoyment and derogation from grant
• Managing the litigation risk
  • Evidence issues when relying on implied terms
  • Why market practice arguments often fail
• Practical risk management
  • Key clauses that reduce disputes
  • Identifying problems when reviewing leases