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.
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:
Suggested drafting
Suggested Drafting
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.