A term requiring a landlord to repair and maintain the structure of demised premises will not readily be implied into a standard form lease where the only relationship between the parties is that of landlord and tenant, particularly where the lease uses a standard printed form, the landlord was aware of the age and condition of the buildings, and the potential lease term is long. The English authority of Barrett v Lounova (correlative repair obligation) is of doubtful application in Victoria. The 'goes without saying' limb of the BP Refinery/Codelfa test is particularly difficult to satisfy for such a term given the established common law position that no repair obligation is implied on a landlord.
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