What is an “implied term” in a commercial lease?
21 October 2025 | Commercial Property |
Sometimes when there is a dispute over a commercial lease, one of the parties involved in the dispute may seek to rely on an “implied term” of the lease. This means something that they consider to be intended as part of the lease, even though it is not specifically written into the document.
The exact definition of what can be considered an implied term is complicated, but in very general terms it is something that a reasonable person, on reading the lease, would consider to be obviously intended by the parties signing it.
This kind of ambiguity can often lead to protracted and expensive disputes. This is why is it so essential to have any commercial lease, or other commercial property contract, carefully reviewed by an experienced solicitor, so they can ensure that any such areas of potential confusion are cleared up.
BackWhy choose Fishers for your commercial property deal?
Our solicitors understand how important it is to consider the business implications of any commercial property deal and ensure that your financial and legal interests are protected at all time. We have the experience to make sure your deal goes ahead cost-effectively, while securing your long-term business interests.
We recognise that you and your business have unique requirements that are unlikely to be best served by a “one-size-fits-all” approach. Instead, we offer a tailored approach to handling your commercial property issues, taking the time to understand what you need to happen and what your concerns are. We then take you through your options in plain English, so you can have complete confidence that we are making the right legal choices for your business.
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