X.1 Tenant’s Right to Make Resilience Alterations The Tenant may, with the Landlord’s consent (such consent not to be unreasonably withheld or delayed), carry out Alterations to the Premises which are designed to improve the Climate Resilience and Environmental Performance of the Premises. For the avoidance of doubt, such Alterations expressly include, but are not limited to: (a) Installation of solar photovoltaic panels, solar water heating systems, or connections to renewable energy micro-grids;(b) Installation of rainwater harvesting systems, greywater recycling systems, and water-efficient fixtures;(c) Installation of insulation, energy-efficient lighting, and high-efficiency air conditioning systems;(d) Use of sustainable, locally sourced, or recycled building materials;(e) Landscaping with indigenous, drought-resistant plant species to reduce water consumption and support local biodiversity;(f) Installation of facilities for sorting, composting, or recycling of waste;(g) Installation of secure bicycle storage and electric vehicle (EV) charging points.
X.2 Condition for Consent The Landlord’s consent shall not be considered unreasonably withheld if the Tenant fails to provide a reasonable demonstration that the proposed Alterations will achieve the stated goal of improving Climate Resilience and Environmental Performance. For alterations costing below KES [●], this demonstration may be provided by a sworn statement from a qualified engineer or architect. For alterations above this threshold, the Landlord may reasonably request a brief technical report.
X.3 Limitation on Landlord’s Refusal The Landlord shall not refuse consent to any proposed Alterations on the grounds of a perceived detrimental impact on the investment value of its reversionary interest unless the Landlord provides a detailed, written assessment from a registered valuer demonstrating that the Alteration would cause a material and quantifiable reduction in the market value of the Property that is not offset by the improvement in its environmental sustainability and climate resilience.
X.4 Yielding Up of Environmental Improvements Upon the expiry or sooner termination of this Lease, the Tenant shall not be required to reinstate or remove any Alterations made under this clause ("Environmental Improvements") unless: (a) the Landlord, at its own cost, provides the Tenant with at least [12] months' written notice prior to the End Date requiring removal; and(b) the Landlord's notice expressly states that the Environmental Improvement to be removed is incompatible with a material and specific redevelopment plan for which the Landlord has already obtained all necessary planning permissions; and(c) the Landlord demonstrates that the Environmental Improvement remaining would cause a material and quantifiable technical obstacle to said redevelopment that cannot be reasonably overcome.
Commercial Lease: Alterations (improve environmental performance)
<aside> <img src="/icons/attachment_red.svg" alt="/icons/attachment_red.svg" width="40px" />
COLLABORATORS:
Originator:
Reviewer:
Email: [email protected] | [email protected]
</aside>