In brief - Lease documents should take a cooperative
approach to green provisions
It is essential that landlords and tenants discuss openly what
the expectation of each party is with respect to environmental
issues and that the lease document contains a co-operative approach
to identifying and dealing with environmental issues and
concerns.
A green lease should set out each party's
requirements but also allow for flexibility
Both landlords and tenants are increasingly considering
environmental issues as a key ingredient for incorporation into
lease terms and negotiations.
Whilst parties should define the requirements and position of
each party at the outset of the lease, the lease needs to be
flexible to allow for inevitable changes throughout the term of the
lease, particularly brought about by emerging technologies and
trends for dealing with environmental issues.