agreement to lease 4th edition question about condition of fit out after tenancy end

[d2ba]

My tenant is not renewing lease after 14th months my question is what is a reasonable expetation of condition and wear and tear
In this case its an office with a new fit out--new kitchen -polished floors and new carpets and paint---what are the tenants responsibilities there ? exactly same condition as when leased or reasonable wear and tear?

thanks in advance

[Maccachic]

Need to refer to your lease and your premises condition report & schedule of reinstatement.

[Ivan McIntosh]

Tenants are in general not liable for fair wear and tear caused by reasonable use (clause 10.1(a)).

Read all of clause 10...particularly (c) as you may be able to get them to repaint the premises if they reasonably require it (might be a tough ask after only 14 months), and (d) to see if you can get them to replace floor coverings.

Clause 22.1 is important, covering reinstatement back to original condition if the tenant has made any changes.

Clause 32 covers removing tenant fixtures, fittings and chattels and making good any damage.

Clause 38, another important clause, covers holding over after the end of the term....transfers to a monthly tenancy. Clause 39 permits access for reletting or sale.

As always, check for any special conditions in both the agreement to lease and deed of lease that might change the stock clauses.

[d2ba]

thanks guys