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GREEN LEASE TOOLKIT

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    • Addition to clause governing Tenant’s alterations
    • Expansion of the Tenant’s ability to do alterations which Improve the Environmental Performance or EPC Rating
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Expansion of the Tenant’s ability to do alterations which Improve the Environmental Performance or EPC Rating 

Statement of Intent

The Lease contains provisions restricting Tenant alterations which adversely affect the Environmental Performance, EPC rating or other rating of the Building or the Premises. The Lease includes provisions giving the Tenant the right to do alterations which improve the Environmental Performance, EPC or other environmental rating, with L's consent not to be unreasonably withheld. 

Preamble

This clause will be unnecessary where the Tenant has freedom to make any alterations with the Landlord’s prior consent. 

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Suggested drafting

Suggested Drafting

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The Tenant may, with the Landlord’s consent carry out alterations to the Premises which [are designed to][will] Improve the Environmental Performance or any EPC Rating of or any Environmental Rating of the Premises [and the Building] provided that such alterations: 

  • (a) will not adversely affect the performance or the life cycle of any mechanical or electrical services, or any other plant, equipment or services in the Premises [and the Building;] and 
  • (b) are not structural alterations.

Drafting Note 

Clause 2.4.8 of the MCL implies that consent will not be unreasonably withheld.
For domestic property the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 contain a detailed process (in regulations 8 to 16) under which certain tenants can seek landlord’s consent to certain energy efficiency improvement works regardless of the terms of any lease. 

GREEN LEASE TOOLKIT

  • USING THE TOOLKIT
  • ABOUT GREEN LEASES
  • GREEN LEASE CLAUSES
    • Introduction to Legal Drafting & Definitions
    • Co-operation Provision
    • Building Management Group
    • Social Impact
    • Sustainable Use
    • Data Sharing
    • Metering
    • Smart Buildings
    • Extending the Landlord's right to do works
    • Restrictions on the Landlord’s right to do works
    • Addition to clause governing Tenant’s alterations
    • Expansion of the Tenant’s ability to do alterations which Improve the Environmental Performance or EPC Rating
    • Energy Performance Certificates (EPCs)
    • Recycling of Waste
    • Yield Up
    • Circular Economy Principles for Landlord and Tenant Works
    • Dispute Resolution
    • Standards
    • Renewable Energy
    • Rent review - open market
    • Service Charge
  • GREEN LEASE ESSENTIALS
  • HEADS OF TERMS GUIDANCE
  • OWNER & OCCUPIER ENGAGEMENT
  • CASE STUDIES
  • USEFUL RESOURCES
  • TOOLKIT GOVERNANCE
  • TOOLKIT FEEDBACK
  • QUICK DOWNLOAD: ALL DOCUMENTS
Previous pageAddition to clause governing Tenant’s alterations
Page 16 of 33
Next pageEnergy Performance Certificates (EPCs)

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