A suite of Irish green-lease clauses has been collaborated on by ByrneWallace LLP, Arthur Cox LLP and Mason Hayes & Curran LLP, together with The Chancery Lane Project (TCLP). Green leases are sought by climate-conscious landlords and tenants, to promote a sustainable approach to the operation of buildings.
They encourage a co-operative approach between landlords and tenants, with the aim of improving energy efficiency, reducing waste and water consumption, and improving the environmental impact of buildings.
Fighting climate change
TCLP is a collaboration of lawyers from around the world, working pro bono to develop new contract provisions to help fight climate change.
ByrneWallace LLP, together with Arthur Cox LLP and Mason Hayes & Curran LLP, spearheaded the development of this suite of green-lease clauses by the Irish Property Working Group of TCLP. The group includes other law firms and members of the Law Society’s Conveyancing Committee Landlord and Tenant Task Force.
The suite of clauses is divided into three sets:
1) Clauses promoting co-operation between landlords and tenants in relation to the environmental performance of buildings (Odhran’s Clause),
2) Repair and alteration covenants, rent review assumptions, and covenants for the protection of energy and sustainability ratings (Emily and Tom’s Clause), and
3) Clauses incorporating circular economy and sustainability principles into a service charge regime, landlord’s regulations and landlord’s works (Amélie and Lauri’s Clause).
Named after children
TCLP clauses are named after children, recognising that our actions to combat the climate crisis will benefit future generations.
The clauses are drafted primarily for use in leases of new office premises in a multi-let building where the tenants contribute to the maintenance of the building’s common areas through a service-charge regime.
Some of the clauses may be suitable for use in leases of other types of premises.
The clauses should be treated as a menu from which landlords and tenants, working with their solicitors and other professional advisors, can select and tailor clauses that are suitable for their premises and their sustainability goals.