Change of User - Landlord's unreasonable consent

Sidoli, Julian (2019). Change of User - Landlord's unreasonable consent. Landlord and Tenant Review, 22(6)



This paper examines the case of JN Hipwell & Son v Szurek (CA) on whether a term imposing a duty on the landlord to maintain and repair electrical installations should be implied into a commercial lease, notwithstanding that it contained an entire agreement and non-reliance clause. It contrasts the court's reasoning based on business necessity with the first instance reasoning based on true intentions, and notes the relevance of the lease's silence on the issue.

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