The recent case decision of J N Hipwell & Son v Szurek [2018] EWCA Civ 674 is interesting in that it implied a covenant on the part of the landlord to keep the electrical installation serving the premises safe and the subject of a current electrical safety certificate.

The Court was prepared to imply the term notwithstanding the Lease containing an entire agreement clause intended to excluded matters that were not expressly contained in the drafting. 

The case is a good reminder that landlords and investors should not feel safe with poorly drafted leases that ignore the allocation of responsibility for key elements of the premises between landlord and tenant. It is also a reminder of it is good practice for landlords to draw any known defects in the premises to the tenant's attention, or at least clarify that the tenant is wholly responsible for satisfying itself as to premises condition.

Extract from the Court report is referred to.