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6 Int'l J.L. Built Env't 6 (2014)

handle is hein.journals/jppel6 and id is 1 raw text is: The current issue and full text archive of this journal is available at www.emeraldinsight.com/1756-1450.htm IJLBE Evidence of green leases 6,1/2 in England and Wales Susan Bright 6 New College, University of Oxford, Oxford, UK, and Hannah Dixie Harvard Law School, Cambridge, Massachusetts, USA Abstract Purpose - This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales. Design/methodology/approach - The authors examined 26 recent leases of green build properties registered at HM Land Registry. The green clauses discovered were classified and compared with the model form green clauses promoted by the London-based Better Building Partnership's Green Lease Toolkit. Findings - Of the 26 leases analysed, 18 contained some form of green provision. Research limitations/implications - As the sample selected was not representative, a larger study is needed to detect trends in green leasing. This research method does not show the impact of green clauses on property management. Practical implications - This research illustrates the types of clauses that have been used in leases but also shows that green leasing principles are not yet the industry standard. Many new, long leases still make no reference to environmental practices. Originality/value - This is the first research to be done examining the green content of agreed leases and develops a methodology that can be used for future research. Keywords Environmental performance, BBP Green Lease Toolkit, Commercial property, Green clauses, Green leases, Leasehold innovation Paper type Research paper 1. Introduction This paper reports on a research project examining how much green there is in a sample of office and retail leases with registered leasehold title in England and Wales. The meaning of green is considered more fully later in this paper but for now a green lease might broadly be considered as one which purposively supports and facilitates the adoption of leasehold practices that enable the improvement of the environmental performance of buildings and their use. The aim of the research was to find out if signed leases (as contrasted with precedent leases) ever contain green provisions; and, if so, what form these clauses take. This research is inevitably backward looking as registered leases reflect deals negotiated in the past - the leases in our sample were signed during the period 2008-2013. Our sample was small and, as explained in the Section 3, the sample chosen International Journal of Law in the The authors are extremely grateful to assistance from HM Land Registry in helping them to Built Environment Vol 6 No. 1/2, 2014 narrow down titles to obtain copies of, and also from the retailer referred to in this report for pp. 6-20 supplying them with copies of agreed leases. This research was made possible by a grant Emeald Group Publishing Limited from the Research Support Fund, Law Faculty, University of Oxford and research funding from DOI 10.1108/IJLBE-07-2013-0027 New College, Oxford.

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