11 December 2009 by

Green Leases? What would Tiger say?

This term is often used to describe a series of provisions within or associated with a commercial lease that encourage or require the landlord and the tenant to reduce the environmental impact of the premises.

Why am I as a landlord concerned with this you might ask? Well, reducing carbon emissions from commercial buildings, as well as generally, to combat climate change is a high priority.

There is both National and European legislation in force at present which seeks to achieve this goal and contains implications for commercial buildings. In fact the Carbon Reduction Commitment Energy Efficiency Scheme (“CRC”) is a new compulsory emissions trading scheme which is expected to come into force in April 2010. Not all businesses will be affected by this scheme at present but as participants will be obliged to purchase allowances to match their carbon dioxide emissions you can see where this will lead i.e. tax!

Larger landlords, particularly, will need to consider how to spread the cost of complying with the scheme, if at all. Some landlords may decide that legal costs and the ongoing costs of monitoring, accounting and management will outweigh the actual cost of purchasing the CRC allowances and will bear the costs themselves. (The initial cost is expected to be £12.00 per tonne of carbon dioxide.)

However, these costs will increase and it will be in the interests of landlords to ensure that not only are buildings more energy efficient but that tenants occupy in an energy efficient manner. This is when “Green Leases” will no longer be a catchy phrase but a necessary consideration in your tenancy arrangements.

4 December 2009 by Matthew Miller

Information Commissioner

The Information Commissioner's Office (ICO) (www.ico.gov.uk) has recently issued a new guide for businesses containing clearer and more practical advice about the Data Protection Act 1998.

5 December 2009 by Vincent Billings

National Newspaper Settles Copyright Infringement Claim

I recently acted for a client in respect of a copyright infringement claim against a national red top newspaper.

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