Make good guide
Published: October 2023
This document has been written for property professionals involved in make-good works in Australia (known as dilapidations in the UK). It deals primarily with commercial and industrial premises and provides advice to lessors and lessees regarding their legal obligations to repair, decorate or reinstate leased premises.
Make Good, when done badly, can be contentious, lengthy, costly affairs which can lead to disputes and even court action. Written by experienced RICS practitioners and Australian-based property lawyers, the document aims to establish and promote a transparent, professional process which begins at lease commencement and provides clear guidance to both landlords and tenants on the laws and processes; what to look for and how and when to act.
The document deals with every stage of involvement in the make-good process, including:
taking instructions and clarifying terms of engagement
determining the different types of schedule and when they might be served
understanding the different roles in which the property professional might be required to act
preparing the layout and content of a schedule of make good
quantifying the claim and preparing an assessment of costs, and
providing advice regarding the preferred timetable for serving of notices and ongoing dialogue, responses and meetings.
Sample checklists and schedule templates have been provided in the appendices, including a Recommended form of the Scott schedule (Appendix E) which can be downloaded as a Word document.