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My agent and tenants negotiated on the 30 days warranty prior to moving in without my (landlord’s) knowledge. If I (the landlord) didn’t approve or agreed to 30 days warranty initially so if any issues cropped up, it’s fair and reasonable for me not to be responsible right? TA doesn’t have any 30 days warranty stipulations.
Btw house was newly renovated in pristine condition and fully refurbished with majority of the items brand new.
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4 Answers

Hi,

Yes you are right, your agent don’t have the right to decide how many days are supposedly covered under the warranty period.

Regards
Aaron
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Dear landlord,

You are right that in the event that there is an absence of the defect warranty period in the agreement or Letter Of Intent, you are not responsible for making good any defects arising within this period. I am quite surprised that this part of the clause is not included in the tenancy as it is pretty much 1 of the default clause in a tenancy agreement. No doubt that it can be a newly renovated or refurbished unit in pristine conditions, there could still be issues or defects with brand new items, suppliers will also be giving warranty for any appliances that is not defective in this period.

Anyway, in managing a rental, sometimes it is not about whether who is contractually liable for what, but managing good relationship with the tenant may establish a beneficial long term relationship for both landlord and tenant to make the entire experience a pleasant one. If this tenant is a good tenant for the long term, I suppose fixing a handful of items if costs are low can be good to kickstart this rental for the long term. This is purely my personal opinion after handling rental transactions for the past 15 years.

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Hi, appreciate your sharing. Subject to both parties to negotiate.
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Cheers
Stewart-PropNex (Senior Associate Division Director) Read More
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As the landlord, if you did not agree to or approve a 30-day warranty and it is not stipulated in the tenancy agreement (TA), you are not legally bound by this condition. Here are some key points to consider:

1. **Tenancy Agreement Terms**:
- The terms of the tenancy agreement are legally binding. If the TA does not include a 30-day warranty clause, you are not obligated to honor it.
- Ensure that any agreements or warranties are clearly stated in writing within the TA to avoid misunderstandings.

2. **Agent's Authority**:
- If your agent made agreements without your consent, this should be addressed with the agent.
- Clarify the scope of the agent's authority to prevent unauthorized agreements in the future.

3. **Condition of the Property**:
- Since the property was newly renovated and in pristine condition, document this thoroughly with photos or videos to serve as evidence in case of disputes.
- A comprehensive inventory list signed by both parties can also help in addressing any claims of damage or issues.

4. **Communication with Tenants**:
- Communicate clearly with your tenants about the terms of the TA and ensure they understand that there is no 30-day warranty unless it was explicitly agreed upon and included in the contract.
- Address any concerns or issues they might have in a fair and reasonable manner, considering the condition of the property at handover.

5. **Handling Issues**:
- For any issues that arise, refer back to the TA to determine your responsibilities and the tenants' responsibilities.
- If disputes arise, try to resolve them amicably and keep detailed records of all communications and actions taken.

By adhering to the terms of the TA and maintaining clear communication with both your agent and tenants, you can manage and resolve any issues more effectively.
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