In a recent piece for Property Week, Property Litigation Partner Mark Reading and Managing Associate Isabel Emerson-Lich examine a recent case (Clipper Logistics v Scottish Equitable) which demonstrates the tensions that can arise when sustainability-related regulations are imposed on landlords.
The landlord in the case, to ensure compliance, tried to impose corresponding duties on a tenant on renewal under the Landlord and Tenant Act 1954, which the tenant opposed.
The issues raised by this case are likely to be a recurring feature in future renewals, and unless the proposed revision of the 1954 Act makes provision for sustainability clauses, a move to green leases looks to be years in the making.
Click here to read the full article.