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United Kingdom
United Kingdom
Key definition
Contaminated land definition What does Contaminated land mean? Land that contains harmful substances in, on or under it such that they are causing, or there is a significant possibility they will cause, harm to people or the environment, or pollute waters. In practice it covers sites needing assessment and remediation. In England and Wales and in Scotland, contaminated land is a defined term under part iia of the Environmental Protection Act 1990 and statutory guidance. A site is determined where evidence shows significant harm, a significant possibility of such harm, or pollution of controlled waters (or, in Scotland, the water environment), demonstrated by a pollutant linkage (source–pathway–receptor). Local...
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Commercial lease negotiations on environmental liabilities: contaminated land, asbestos and MEES—key clauses, tactics and case law for landlords and tenants (England and Wales)
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Practice notes
Who takes responsibility for Contaminated land Liabilities?
Where legacy Land contamination is a concern, or the tenant’s operations involve polluting activities, the parties will need to address in the lease who assumes responsibility. That decision concerns any potential contaminated land liabilities.
Standard clauses in leases
If a lease is silent on environmental matters, several non-environmental provisions may still have implications for environmental liability. The points below flag common lease clauses to watch for.
- Extent of the demise: Confirm whether the term ‘premises’ captures land (including surface water and groundwater), above-ground storage tanks, underground storage tanks and pipes.
- Covenant to comply with statutory obligations: Where either the landlord or the tenant receives a statutory notice, or a regulator requires works (for example, the landlord is threatened with a Remediation notice or works notice), the landlord may rely on this covenant to pass the costs contractually to the tenant, even if the tenant has not caused the pollution or the notice relates to historic contamination, waste or Japanese knotweed. When acting for a tenant, consider adding a tenant protection clause...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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