In the March 2018 case of J N Hipwell & Son v Szurek [2018]
EWCA Civ 674, the Court of Appeal held that a term should be
implied into a lease requiring the landlord to keep the electrical
installations for the premises safe and certified despite the fact
that the lease contained an entire agreement clause.
Background
A tenant of café premises brought a claim against her
former landlord for losses she had suffered as a result of her
being forced to close her business due to issues she had been
experiencing with the electrical wiring in the premises.
The lease was silent upon which party was responsible for the
repair and maintenance of the electrical installations and it
contained a standard entire agreement clause (as well as a
non-reliance clause in respect of any pre-contract representations
made by the landlord).
