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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

Standards

Statement of intent

Where the Building has any environmental rating beyond an EPC rating the Lease contains provisions protecting that rating. 

Preamble

The Environmental Rating(s) that are referenced in the definition should be limited to those that have actually been obtained, or which the Landlord is under a contractual obligation to obtain, in respect of the building. The sweeper provision in the definition of Environmental Ratings should be retained to allow the Landlord to pursue future Environmental Ratings in respect of the Building during the Term. 

Owing to the potential for Environmental Ratings to be rebased over time the definition of Environmental Rating(s) includes drafting to allow for the Environmental Rating to be rebased during the Term. 

A useful summary of available ratings is contained in Which Green Building Certification For Your Property? | Workman

Where are you on your Green Lease Journey?

A guide to selecting your clauses

Gearing up for your Green Lease Journey

Light Green Clause:

Accelerating your Green Lease Journey

Medium Green Clause:

Driving Transformation with your Green Lease Journey

Dark Green Clause:

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Suggested Drafting

Suggested Drafting

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Restriction on User

[The Tenant must not] use the Premises in a way that adversely affects the Environmental Rating(s) of the Premises [or the Building] 

NABERS UK Rating  

If the Premises [or the Building] at any time have a NABERS UK rating then in respect of the Landlord’s obligation under [●] (to provide heating [air conditioning] and ventilation) and [●] (to provide hot water), any request by the Tenant to the Landlord to provide heating [air conditioning] and ventilation or hot and cold water outside of normal business hours will be agreed in advance and documented (in order that the Landlord can reflect changes to the schedule in their calculations for NABERS UK rating purposes).

Drafting note

The restriction on use should be added to clause 4.14.3 of the MCL as an additional clause (g). 
The NABERS UK clause should be added to the Agreements (clause 6) of the MCL or the Sustainability schedule (Schedule 7) of the MCL if that is adopted.  This clause can be included even if the Building doesn’t currently have a NABERS UK rating at the outset to cover the position where a NABERS UK rating could be obtained in the future.

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
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