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Why Hire a Building Consultant to Help With a Reinstatement Dispute?

Diana Reed • Aug 31, 2020
When you come to the end of your lease, you'll hope to move out of your office space quickly and painlessly. You'll be looking forward to moving to a new business home.

However, things don't always go to plan. You may have originally agreed to reinstate or make good your space at the end of your lease; however, you've run into problems with your landlord. At this stage, it may help to bring in an independent building consultant or surveyor to represent your interests. When might you need professional help?

You don't have a good relationship with your landlord

If your relationship with your landlord has never been that good, or if it has broken down recently, then negotiating reinstatement or make-good work isn't going to be easy. The two of you won't have the open lines of communication you need to agree on the work that needs to be done.



You may be frustrated that your landlord won't budge or talk to you about the situation. You may feel that they are being inflexible. In either case, you'll find it hard to make progress.


A professional consultant can bridge the gap between you. Your landlord may be more willing to talk to an independent third party and to take their advice.

You can't agree the scope of work

Your original lease agreement will list your responsibilities when you move out of the building. You may have copies of a formal report on the condition of the space before you moved in. Or, you may have a general clause in your lease that you will make good any changes or damage when you leave. Each of these is open to interpretation.


While you're willing to meet your commitments, this doesn't mean that you agree with the work your landlord wants you to do. You may think that they are asking you to do too much or to take on work that isn't your responsibility.


For example, your landlord may insist that you paint walls that you don't think need decorating because you repainted them recently. Or, they may ask you to fix damage that you don't think you caused.


If you can't agree the scope of work, then an independent consultant can give you both a different perspective. They can check out your responsibilities from your lease and evaluate the work your landlord wants you to do.


You, and your landlord, get an expert and qualified opinion on the work you should do. You'll feel better about doing reinstatement work if your consultant tells you it is necessary. Plus, your landlord may back down from making unreasonable demands if an independent professional explains your contractual liabilities and negotiates a work plan.

You want to negotiate a cash settlement

While some tenants organise reinstatement work at the end of their lease, others prefer to pay a cash settlement instead. Here, you and your landlord agree on a sum of money that will cover make-good or reinstatement costs. You pay your landlord, and they do the work later.


This gives you a quicker route out of the building; however, you have to agree costs first. This isn't always easy.


You may estimate lower costs than your landlord will accept. They may want to use their own contractors who charge more than your contacts.


If you're stuck, then a consultant can help you negotiate an acceptable payment. They can help you assess the true costs of any work that needs to be done. They can then negotiate with your landlord so that you can both come out of your lease as quickly and painlessly as possible.


If you're having problems working with your landlord at the end of a lease, contact Building & Project Services Pty Ltd. We will help you meet your reinstatement commitments quickly and efficiently.

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