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9 May 20242 minute read

Exploring Metering and Data‑Sharing Strategies

What data can a landlord request from tenants?

To assist landlords with their transition to improve the environmental performance of their buildings, they can request data from tenants relating to the tenant’s occupation such as:

  • the energy use and consumption by the tenant and which utilities they are using to heat and power their premises;
  • the generation of greenhouse gas emissions;
  • waste generation and management; and
  • the environmental impact of the tenant’s use or occupation of their premises or the building/estate.

This data can be used to both monitor and improve the environmental performance of the tenant’s premises and the landlord’s wider building or estate. It can also assist landlords in producing comparisons of the environmental performance of the tenant’s premises and the landlord’s building/estate against targets or required measures eg to achieve BREAM status for the landlord’s building.

 

Where does the obligation to provide this data arise?

The requirement for a tenant to disclose their environmental performance data will be contained in the lease between the landlord and the tenant for the premises. The market requirement for such provisions to be included in leases has been in circulation since 2015.

The precedent clauses differ but should include certain fundamentals such as an obligation on the tenant to provide this data on a regular basis to the landlord, to the landlord’s managing agent and any third parties appointed by the landlord (eg sustainability consultants).

 

Practical matters

Landlords will need to ensure the requests for data from the tenants comply with statutory rules on data collection and use. Managing agents should prepare and issue letters of authorisation to tenants following completion of their leases in addition to the corresponding lease obligations.

Managing agents should also seek authority to collect data or request data directly from the tenant’s utility providers (where applicable).

 

Data usage

The data provided by the occupational tenants and utilities providers can be used to produce ESG reports and assist in satisfying ESG sustainability reporting obligations.

We are available to answer any questions that you may have on metering and data sharing. Please contact:

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