Make Good refers to a Tenant’s obligations at the end of their lease to hand back the premises they have occupied in a particular physical condition. Making Good is the exercising of a landlord’s rights in regard to reinstatement when the premises revert (return) to the landlord.
Make Good is based on contract law, the contract being the lease and other associated documents, and in accordance with laws in the State where the premises are located. There may also be legal precedents that can affect the obligations of either party.
We have considerable experience in acting for Landlords and also for tenants in Make Good.
The ability to claim Make Good will depend on the Lease, the location, timing and often the landlord’s intentions.
Generally claims are based on the condition of the premises at the expiration compared with the condition at commencement. The condition at termination might be subject to ‘fair or reasonable wear & tear’, which can affect the claim. Many leases have intricacies specific to the particular circumstances. All Make Good negotiations are different.
Making good does not necessarily mean ‘making new’, there can be a considerable difference.
Make Good generally covers fit out, but it may also include repair and maintenance obligations required under the Lease that have not carried out.
We can provide:
|Assessment of make good liabilities for accounting purposes||Preparation of Make Good Schedule based on the lease and other documentation|
|Preparation of a scope of works to meet make good obligations||Negotiation of make good settlement|
|Assessment and advice in response to a landlord’s make good claim|
Make Good Training - We provide Make Good Training for property owners and managers, facility managers and tenancy advisors.
Reference guides and articles:
RICS - Make Good Australia 2017