Negotiating a Make Good Clause: Levers That Actually Work
A make good clause is negotiable before you sign. Here are the levers commercial leasing lawyers actually recommend tenants use.
The best time to negotiate your make good clause is before you sign the lease, not when it is ending. A vaguely worded clause is the single biggest source of make good cost blowouts and disputes, and every lever below is easier to secure at lease negotiation than after the fact.
Levers to negotiate before you sign
- Attach an Entry Condition Report with dated photographs as part of the lease, establishing your baseline from day one.
- Define fair wear and tear explicitly, do not leave it to a general legal presumption.
- Clarify fit-out removal scope upfront: which items must go, which can stay.
- Negotiate a cost cap on make good liability where the landlord will agree to one.
- Propose a mechanism for valuation by a jointly appointed quantity surveyor if a dispute arises, rather than leaving it to each side's own contractor quotes.
- Ask the landlord to confirm in writing whether they would prefer to keep any part of your fit-out for the next tenant rather than have it removed.
Levers that still work near lease end
Even close to expiry, tenants can still negotiate scope. Landlords often prefer certainty and a fast re-lease over a drawn-out dispute, so proposing a cash settlement instead of physical works, or agreeing a reduced scope in exchange for an earlier handback date, can work if the landlord is motivated to re-lease quickly.
Get a real quote before you negotiate
A negotiation is only as strong as the numbers behind it. Get an actual quote against your lease's likely scope before you go back to the landlord, not a rough guess, so any cap or settlement figure you propose is grounded in a real cost.
Frequently asked questions
Can a make good clause be negotiated after the lease is signed?
Yes, though your leverage is weaker. Landlords are more willing to negotiate scope or accept a cash settlement close to lease end if it means a faster, cleaner handback for their next tenant.
What is a quantity surveyor's role in a make good dispute?
A jointly appointed quantity surveyor independently values the reinstatement works required, giving both landlord and tenant a neutral cost figure to work from instead of dueling contractor quotes.
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Sources: Prosper Law, Make Good Obligations in Commercial Leases Explained , Stonegate Legal, Make Good Obligations in Commercial Leases