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Brawn, D (2012) Extensions of time and liquidated damages in construction contracts in England and Wales. International Journal of Law in the Built Environment, 4(01), 75-90.

Hughes, C and Crosby, N (2012) The challenge of self-regulation in commercial property leasing: a study of lease codes in the UK. International Journal of Law in the Built Environment, 4(01), 23-44.

Ilter, D (2012) Identification of the relations between dispute factors and dispute categories in construction projects. International Journal of Law in the Built Environment, 4(01), 45-59.

Marshall, H (2012) Adjudication enforcement: partial final determinations and insolvency. International Journal of Law in the Built Environment, 4(01), 60-74.

Roussac, A C and Bright, S (2012) Improving environmental performance through innovative commercial leasing: An Australian case study. International Journal of Law in the Built Environment, 4(01), 6-22.

  • Type: Journal Article
  • Keywords: Australia; commercial leases; commercial property; energy efficiency; environmental performance; green leases; leasehold innovation; leasing; thermal comfort
  • ISBN/ISSN: 1756-1450
  • URL: https://doi.org/10.1108/17561451211211714
  • Abstract:
    Purpose - The purpose of this paper is to illustrate, by reference to practical examples, how leases of commercial buildings can be more responsive to environmental issues. Design/methodology/approach - The paper explains how difficult it is within the structure and content of conventional leases to reduce the environmental impact of the tenanted commercial built environment. It explores the interplay between the content and structure of commercial leases and the behaviour of building owners, managers, tenants and occupants, illustrated through the experiences of a large Australian-based commercial office building owner/operator. Findings - With reference to practical examples it shows how conventional leases stifle innovation and illustrates the difficulties in drafting leases that enable a responsive approach to building management to be adopted. It shows how more fundamental changes that align and reward owners and tenants for working together for mutual benefit are required. Practical implications - The paper presents a number of "model clauses" for encouraging best environmental practices and concludes with a suite of recommendations. Originality/value - Although there have been conversations about green leases in recent years, there is little detailed evidence of their use in the marketplace. This paper remedies that deficiency by taking a case study approach that: illustrates the opportunities and difficulties in negotiating green leases; and shows how attempts to provide innovative building management can be hindered or supported by lease terms.