Dealing with ambiguous lease covenants that require tenants
to complete repairs or alterations can be subject to the doctrine of Contra
Proferentum.
That is, vague terms will be construed by the courts against
the party that made them.
This can be a valuable point of law when dealing with what
appear to be unclear terms within a lease and will typically appear where
tenants are not property wise and have entered into lease contracts which are
dictated by professional property landlords. These situations affect small and
medium sized private business who has in advertently taken on obligations at
lease commencement that are overly onerous or difficult to remove from their
obligations.
Seek professional advice from a Building Surveyor before you
agree to a new lease.
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