Whether partitions, counters, signage, flooring, cabling, fixtures, plant, equipment or tenant works must be removed.
Commercial Lease Make Good Queensland
Commercial lease make good lawyer in Queensland.
Ensure Legal assists Queensland landlords, tenants and business owners with end-of-lease make good obligations, fitout removal, reinstatement claims, repair disputes, handover condition, bond release, bank guarantee release and settlement of lease exit issues.
End-of-lease obligations Fitout removal Bank guarantee release Handover disputes
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Make good is easiest to control before handover.
Before the lease ends, organise the lease documents, entry condition evidence, fitout approvals, photos, contractor quotes and landlord or tenant correspondence. Once possession is returned, evidence and negotiating leverage can become harder to manage.
Make good issues
End-of-lease problems we help resolve.
Make good disputes are usually factual and document-heavy. The result often depends on the lease wording, condition evidence, fitout history, repair history, handover process and the quality of competing scopes of work.
Disputes about returning premises to shell, base building, original layout or another specified condition.
Wall damage, flooring, ceiling tiles, doors, glass, services, plumbing, air-conditioning, water damage and general condition issues.
Painting, carpet replacement, cleaning, cosmetic works and whether the obligation is separate from make good.
Whether the landlord’s or tenant’s proposed works are required, excessive, under-scoped, poorly evidenced or commercially unreasonable.
Claims to retain, draw down or release cash security, bond or bank guarantee after lease expiry.
Practical completion, final inspection, keys, access, defects list, handover photos and evidence of condition.
Lump sum settlements, split responsibilities, agreed contractor works, release wording and final discharge of obligations.
Make good issues connected with surrender, termination, assignment, relocation, redevelopment or business sale timing.
For landlords and tenants
Make good strategy depends on which side you are on.
Landlords usually want asset protection and certainty before re-leasing. Tenants usually want to avoid inflated claims and recover security. Both sides need evidence and clear settlement terms.
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Landlord make good advice →Landlords
Clarify the scope of required works, preserve evidence, manage handover, protect security and document any agreed release.
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Tenant make good advice →Tenants
Check whether the claimed works are required by the lease and challenge excessive or unsupported reinstatement demands.
03
Check sale impact →Business sellers
Identify whether lease exit, assignment or business sale settlement will trigger make good, repair or security release issues.
04
Refer make good issue →Agents and managers
Reduce ambiguity between parties by aligning condition evidence, instructions, contractor quotes and documented settlement terms.
What decides the outcome
Make good is not one standard rule.
The lease may require the premises to be returned to the same condition as commencement, the original condition, base building condition, a specified condition, or another standard. The wording matters.
Lease wordingExact obligation
Repair, reinstate, remove, redecorate, clean, replace, comply or pay compensation.
CommencementEntry condition
Photos, reports, schedules, plans and records showing the original or agreed condition.
Fitout historyApprovals and works
Who installed the fitout, what was approved, and whether removal was required.
MaintenanceWear and damage
Whether the issue is fair wear and tear, tenant damage, landlord asset failure or capital replacement.
QuotesScope and cost
Whether claimed works are actually required and whether the quote is proportionate and evidenced.
SecurityRelease conditions
Whether the landlord may retain or draw down security before finalising make good.
Evidence checklist
Documents to send for a make good review.
The strongest make good position is usually built from contemporaneous evidence. Send both the lease documents and the physical condition evidence.
Lease, disclosure statement, plans, fitout deed, incentive deed, variations, assignment documents and renewal documents.
Commencement photos, condition report, landlord works documents, tenancy schedule and handover records.
Approved plans, landlord consent, council or certifier documents, contractor records and practical completion evidence.
Exit photos, inspection notes, defect list, cleaning records, contractor reports and final handover correspondence.
Make good scopes, repair quotes, demolition quotes, cleaning quotes, invoices and competing contractor estimates.
Bank guarantee, bond receipt, cash security details, personal guarantees and any security release correspondence.
Process
How we approach make good matters.
The objective is to identify the true obligation, test the evidence, reduce inflated claims and document a clean lease exit.
Review obligation
We check the lease wording, plans, special conditions, variations, fitout documents and security provisions.
Assess condition
We compare entry condition, end condition, fitout history, photos, reports and handover records.
Test the scope
We identify what works are genuinely required and whether claimed costs or demands are supported.
Negotiate outcome
We assist with response letters, settlement proposals, security release terms and contractor scope negotiation.
Document release
We help record the final agreement so make good, rent, outgoings, keys and security are closed properly.
Facing a make good claim or lease exit issue?
Send the lease, photos, condition report, fitout approvals, handover emails, quotes and security documents for review.
FAQ
Make good questions.
General information only. Specific advice depends on the lease wording, premises condition, evidence, fitout history and dispute pathway.
What does make good mean in a commercial lease?
Make good usually refers to the tenant’s obligation at the end of the lease to return the premises to the condition required by the lease. The exact obligation depends on the wording and evidence.
Does a tenant always need to remove all fitout?
No. It depends on the lease, fitout approvals, landlord instructions, any agreed handover terms and whether removal or reinstatement is expressly required.
Can a landlord keep the bank guarantee for make good?
It depends on the lease, the claimed breach, the amount claimed, the bank guarantee terms and the evidence supporting the make good demand. This should be reviewed before drawdown or release.
What evidence is important in a make good dispute?
The lease, commencement photos, condition report, fitout approvals, end-of-lease photos, contractor quotes, inspection notes and correspondence are usually important.
Can make good be settled by a cash payment?
Often yes, if both parties agree. Any settlement should clearly cover the scope of release, payment timing, security release, handover and whether any further claims are reserved.
Can Ensure Legal assist landlords and tenants?
Yes, subject to conflict checks. Ensure Legal assists landlords, tenants, business sellers, property owners and agents with Queensland commercial lease make good issues.
Commercial leasing cluster
Related leasing pages.
Use these internal links to connect end-of-lease issues with the wider commercial leasing service architecture.
Queensland Property Law
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