In the recent decision in Hipwell & Son v Szurek [2018] the Court of Appeal implied a term into a lease making the landlord responsible for keeping electrical installations serving the premises safe and certified notwithstanding the fact that the lease was silent on this and also contained an entire agreement clause.

Their Lordships considered the lease to be an "oddly balanced document", imposing more extensive obligations on the tenant than the landlord. Taking into account the remaining terms of the lease and the fact that the landlord had reluctantly agreed to install the electrical installations in advance of the grant of the lease, the Court held that it was necessary to imply a covenant on the part of the landlord to keep those electrical installations safe and the subject of a current electrical safety certificate. Without such a term, the Court felt that the lease lacked commercial and practical coherence.

The case is a salient reminder to landlords that the inclusion of an entire agreement clause in a lease will not preclude the implication of a term where the Court consider it necessary to give the document business efficacy.