How hard can it be to get model lease clauses agreed for green leases?
Don’t ask. Just be grateful that some valiant people have put in the hard yards and finally the industry has a great Christmas present and one that will endure in the years ahead.
In this Chapter 5 of our Tenants and Landlords Guide to Happiness Lynne Blundell takes us through the issues that our legal eagles and owners and tenants have pushed through so that this industry can start to rid itself of archaic bad behaviour such as the make good arrangements that force tenants to trash fitouts and other improvement in order that the space be returned to its original state. Whether that makes sense or not.
As Blundell has found, it’s not so easy to carve out a way through parties whose job is to be suspicious (in order to protect their clients of course).
Key problems is that many standard lease clauses are inflexible.
“They hark back to a time when the status quo was an adversarial relationship between landlord and tenant and ‘green’ or ‘best practice’ was not in the leasing vocabulary.”
We don’t want that.
Much of the heavy lifting for the new model lease was done by Sparke Helmore Lawyers – in particular Claire Hashman, Wayne Kaplan and Grant Parker – working with the Better Buildings Partnership.
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