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BANGKOK 20 April 2019 17:50
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New laws provide greater protection for people who rent property in Thailand

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17 hours ago, dotpoom said:

"Additionally, a tenant now has the right to terminate their contract at any time, providing they give 30 days written notice to the landlord."

     So what's the point of having a contract at all for more than 30 days?

So the landlord can't raise rates. Has to keep rent and fees at agreed level until end of contract.

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Like most laws here I suspect these will be ignored by the landlord and by those charged with enforcing it. So as usual, nothing has actually changed.

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despite its flaws, it's a start, which is encouraging for anyone who supports consumer rights. however, granting the tenant the right to break a 12 month lease seems onerous - particularly where one has offered a discounted rental rate in order to get a long term tenant. 

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12 hours ago, JimmyJ said:

If you leave your apartment for more than 24 hours, how would Immigration find out ?

Not likely they would know,  but the purpose of going often and encouraging everyone to go overly often would over load their system and perhaps enforce more suitable rules by enforcers. Take some chocolates. Be polite.  I'll go every month. After going shopping for 6 hours best to report your address.

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7 hours ago, Mac98 said:

So the landlord can't raise rates. Has to keep rent and fees at agreed level until end of contract.

 

But the landlord is the person who offers the contract. The landlord doesn't have to offer a 6 month or 12 month contract - anything in excess of 30 days is perfectly legal to offer. After the law takes effect, there is actually no point in offering a long contract as you cannot enforce anything other than the tenant giving you a 30 day notice period, and any long contract means you cannot pass on legitimate raises in utility fees.

 

We are seriously thinking about offering a 2 month contract, with automatic extensions of 1 month if either us or the tenant does not give notice. That way if the electricity FT charge shoots up due to unforeseen circumstances we won't get hit with a charge we can't pass on.

 

We have a lot of tenants. They are almost 100 per cent Thai citizens who work in places such as 7-Eleven, factories and local hospitals - hence our monthly rates are low and the tenant's security deposit is low.

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48 minutes ago, blackcab said:

We are seriously thinking about offering a 2 month contract, with automatic extensions of 1 month if either us or the tenant does not give notice. That way if the electricity FT charge shoots up due to unforeseen circumstances we won't get hit with a charge we can't pass on.

 

 

1

Yes, it's just a monthly contract, so that could mean rates rise to be inline with monthly rates which are of course higher than 6 month to 1 year contracts. 

 

 

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17 hours ago, blackcab said:

 

Five individual units (whether room, condo, flat, etc) as long as they are all rented to individuals.

I hope u r right but where is your source for this information?

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I think the utilities charges are only a concern if the landlord is marking them up. 

Edited by mogandave

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9 minutes ago, mogandave said:

I think the utilities charges are only a concern if the landlord is marking them up. 

 

The electricity cost is a concern to us because the FT rate can vary from month to month. If we offer long contracts and the rate jumps we would lose a considerable amount of money.

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Just now, blackcab said:

 

The electricity cost is a concern to us because the FT rate can vary from month to month. If we offer long contracts and the rate jumps we would lose a considerable amount of money.

Unless you charge the actual rate.

 

Are utilities included in the rent?

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23 hours ago, swoods58 said:

Is the owner of the building considered to own more than 5 properties as he has more than 5 leases or is the building one property?

 

There is no owner of the condominium building.

 

The person, natural or juristic, that developed the building is the owner of the unsold condominium units.

 

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21 minutes ago, mogandave said:

Unless you charge the actual rate.

 

Are utilities included in the rent?

 

The actual cost price of electricity varies month to month depending on the FT rate. The cost of water varies according to volume used through each meter. We issue invoices to our tenants on the 25th of the month and we expect payment by the 5th of the month. (The law states that we have to issue at least 7 days before the 5th).

 

Our invoices for water and electricity do not arrive until after we have issued the invoices, so it is impossible for us to charge the actual rate unless we delay issuing the invoices. If we do that, some of the tenants will have spent the money by the time we ask for payment. That situation isn't good for anyone.

 

Utilities are not included in the rent. We mainly rent low cost Thai-style apartments, not serviced condos.

 

We have averaged the cost of our electricity against our occupancy rated for the last 3 years, and the closest we can get is 5 baht per unit including VAT. At this rate we would receive 4.67 baht per unit and we would pay 0.33 baht per unit VAT to the Revenue Office.

 

 

 

 

 

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1 hour ago, Maestro said:

 

There is no owner of the condominium building.

 

The person, natural or juristic, that developed the building is the owner of the unsold condominium units.

 

I'm very interested in this topic. My condo had unsold units from a bankrupt developer.  I thought they become property of the courts.do you want to chat via PM?

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