Model Reinstatement-Clause Checklist

A Define the standard (the single most-disputed point)

Most reinstatement disputes are really disputes about what "original condition" meant.

• What condition? State it explicitly, original/handover condition, a stripped "bare shell", or make-good of specified alterations only.
• Attach a baseline. Reference a dated Schedule of Condition (photos + inventory) as an annex. Without it, "original condition" is an argument, not a fact.
• Fair wear and tear carve-out expressly included, with examples where possible.
• Betterment: tenant restores to original standard, not to brand-new (avoid funding the landlord's upgrade).

B Scope of works (list, don't assume)

• Remove all tenant fixtures, fittings, partitions, signage and branding.
• Remove cabling, ductwork, AV, security and IT installations.
• Reinstate ceilings, flooring and walls; repaint to original colour (specify the code).
• Reinstate M&E to original points (power, water, gas, aircon, sprinklers).
• Remove approved structural alterations, or confirm in writing they stay.
• Clear all goods and rubbish; deliver clean, safe and hazard-free.
• Make good all damage caused by the removal/reinstatement itself.

C Who does the work & who pays

• Contractor choice: tenant's own, or landlord-appointed at tenant's cost? Confirm rates aren't open-ended.
• Landlord's right to supervise or approve the reinstatement method.
• If landlord does the works and bills the tenant: a cost cap, quotation rights, and evidence of actual cost.
• Permits/approvals (BCA, SCDF, MCST for strata units), whose responsibility?

D Timing (where double-rent risk lives)

• Deadline: reinstatement completed before lease expiry, or within a defined post-expiry window?
• If post-expiry: is the tenant deemed to "hold over"? Access arrangements after the term ends.
• Liquidated damages / daily rate for late completion, reasonable, not a penalty.

E Money & security

• Deposit: amount, what it covers, and the timeline for return after satisfactory reinstatement.
• Permitted deductions spelled out (outstanding rent, damage beyond fair wear and tear, cleaning/restoration to tenantable condition).
• Retail only Deposit capped at 3 months' gross rent (≤5,000 sq ft, term ≤3 yrs) under the Retail Code; higher needs a landlord declaration to the FTIC within 14 days. Tenant may furnish up to 50% by non-cash mode (e.g. bank guarantee).
• Joint pre-handover inspection and sign-off mechanism, so the deposit is released against an agreed snapshot.

F End-reason rules Retail premises only

• Landlord pre-terminates for redevelopment (Code para 4.10): tenant not required to reinstate, only removes its items, hands over clean/safe, makes good removal damage. Don't accept a full reinstatement bill here.
• Tenant pre-terminates for an exceptional condition (Code para 7.1/7.4): tenant must reinstate and yield up per the lease and make good resulting damage.

G Evidence to keep (your insurance in a dispute)

• Dated photo/video survey of every surface at move-in and at handover.
• Signed Schedule of Condition annexed to the lease.
• All renovation approvals and "as-built" drawings.
• Written landlord sign-off / inspection report at handover.
• Contractor invoices and completion certificates.

Which regime applies to your premises?