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Published by Marcus Andrews
Apr 17, 2019 in Property

Make good obligations in leases: do they apply if the premises will be demolished?

Could a tenant avoid or resist their make good obligations on the basis that the make good obligations (or payment in lieu) would be of no value and give the landlord an unfair windfall? In commercial leases, often the most contentious terms are the make good provisions setting out the requirements to remove the tenant’s fit-out and make good the premises at the end of the term of the lease.Most commercial leases include a term compelling...
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