Joanna Brown speaks to CoStar on why data sharing between landlords and tenants is on the rise

The concept of data sharing to improve the energy efficiency of buildings is not new, with data sharing clauses featuring in lease negotiations since around 2012. What is new, however, is a growing acceptance of data-sharing clauses. 

Previously it would be the case that data-sharing clauses would be pulled out of contracts early on in negotiations between the two parties.

This shift towards tenants generally accepting data-sharing clauses within leases is often predicated on there being no additional cost for the tenant to bear and no obligation for them to increase energy efficiency as a result of the data being shared. While it is positive to see increased acceptance, it is worth noting that the provisions in the leases are not particularly robust. It is usually just the right for a landlord to request information at reasonable intervals.

It is important here to differentiate between new lettings, where it has become more commonplace for tenants to accept green provisions, made simpler if they are included in the heads of terms. But this is not the case with Landlord and Tenant 1954 Act renewals, where pushback is still par for the course. 

This article was published on 06 November 2024. The full article can be read on CoStar’s website here

 

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