REINSTATEMENT (MAKE-GOOD) AGREEMENT
RECITALS
A. The Landlord has let to the Tenant the premises known as __________ (the "Premises") under __________ (the "Lease"), which is due to end on __________ (the "Expiry Date") unless ended earlier.
B. The Parties wish to record the condition in which the Tenant is to leave the Premises, so as to avoid argument at the end of the Lease.
- 1. CONDITION AT HANDOVER
1.2 If a handover memo, snag list or photographs were signed or exchanged at handover, they form part of the record of the Handover Condition.
- 2. WHAT THE TENANT MUST DO AT THE END
2.4 Fair wear and tear means the ordinary ageing of the Premises through proper use over the time of the Lease. It does not cover damage from misuse, accident, neglect, unauthorised alterations or the Tenant's failure to repair.
2.5 The Tenant shall make good holes, fixings and marks in floors, walls, ceilings, columns and the frontage, shall restore services it altered or disconnected to the working state they were in at handover, and shall hand back all keys, access cards and manuals.
- 3. PAYMENT INSTEAD OF REINSTATEMENT
- 4. TIME AND INSPECTION
4.3 The Tenant shall put right the items on the Landlord's list within a reasonable time that does not go beyond the Expiry Date, unless the Landlord agrees in writing to more time. The Landlord shall inspect again on being told the items have been put right.
4.4 Reinstatement is accepted when the Landlord confirms in writing, or fails without good reason to list defects within the time in clause 4.2, or after a second inspection finds nothing outstanding.
- 5. IF THE TENANT DOES NOT DO THE WORK
5.1 If the Tenant has not finished the works by the date in clause 4.1, or has not put right the listed items in time, the Landlord may, after giving the Tenant seven days' written notice, do the works itself or through contractors.
5.2 The Tenant shall pay the Landlord the reasonable and actual cost of those works, supported by bills and quotations, and any related expense the Landlord has to bear.
- 6. SECURITY DEPOSIT
6.2 The Landlord may deduct from the Security Deposit the cost under clause 5.2, the Make-good Sum under clause 3.2 if it has not been paid, and the charge under clause 7.1. It shall give the Tenant a written statement with supporting bills.
- 7. STAYING ON TO REINSTATE
7.2 This clause 7 does not give the Tenant any right to remain, and does not renew or extend the Lease.
- 8. GENERAL
8.1 This Agreement supplements the Lease. If it conflicts with the Lease on the condition in which the Premises are to be returned, this Agreement governs for that purpose.
8.2 The Tenant shall not remove anything the Landlord owns or the Lease says belongs to the Landlord, or any building fixture other than as this Agreement allows.
8.3 Notices under this Agreement shall be in writing and given by hand, by registered post or courier to the address of the Party in this Agreement, or by email where the Lease provides for notice by email.
8.4 This Agreement is governed by the laws of India and the courts at the place where the Premises are situated have jurisdiction. The Parties shall first try to settle any dispute by discussion.
8.5 A change to this Agreement is valid only if it is in writing and signed by both Parties.
FOR THE LANDLORD
__________
Signature: ______________________________
FOR THE TENANT
__________
Signature: ______________________________