When a lease is being negotiated, or when an issue arises between landlord and tenant under an existing lease, it’s natural that attention focuses on the principal commercial terms of the lease: repair, use, alienation, service charge, insurance and so forth. It’s a mistake, though, and potentially an expensive one, to ignore the so-called ‘boilerplate’: all those standard terms, interpretation provisions and definitions which were in the precedent. It’s easy to assume that wiser heads than yours have decided they need to be included, and not to question why they’re in there. But there are reasons for all of them, and they’re not always appropriate.
A common reason for negligence claims in relation to leases is the use of standard terms which cut across or contradict bespoke terms, or weren’t appropriate to the specific transaction. This webinar looks at some of the most common and important standard provisions, examines the reasons for them, and identifies the appropriate use.
The webinar covers:
When can tenants withhold rent despite an exclusion of set-off?
How can a simple definition of “the Term” invalidate contracting-out?
Practical guide to resolving interpretation doubts
The ‘boilerplate’ – knowing what’s in the small print
Why you shouldn’t skip over the definitions and interpretation sections