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
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
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.