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Court decides: AirBnB illegal in Thailand for daily and weekly rental


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Court decides: AirBnB illegal in Thailand for daily and weekly rental

 

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Picture: Manager online

 

 

A court in Hua Hin has effectively decided that people who rent out their rooms via AirBnB on a daily and weekly basis are acting illegally.

 

A letter was sent to the Wan Vayla condominium complex in Khao Tao from the local authority outlining the court's decision in two of three cases where condominiums were rented out for less than a month.

 

In one case a fine of 5,000 baht must be paid and 500 baht per for each of twenty days totaling 15,000 baht.

 

In the second case a 5,000 baht fine must also be paid with further fines of 100 baht for an 81 day period.

 

A third case is pending, reported Manager on Wednesday.

 

The local authority looked into the matter in December of last year and went to court.

 

The ruling could effectively be the beginning of the end for companies like AirBnB in Thailand who have consistently said that what they are offering in the kingdom is legal.

 

Thaivisa notes that the company have carried out training and award giving seminars on a regular basis in Thailand and there are thousands of people offering their rooms for rent throughout the country.

 

AirBnB actively promote their business in Thailand and the consequences from the ruling could be immense for the company, renters and consumers alike.

 

The court ruled that people renting out their rooms on a daily and weekly basis contravened regulations surrounding hotels.

 

Rentals of 30 days and more would be legal.

 

The Wan Vayla condo sits on 20 rai of land in the Khao Tao area.

 

Source: Manager online

 
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-- © Copyright Thai Visa News 2018-05-16
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Just now, shady86 said:

How can they regulate this? Airbnb is not located in Thailand and acting as a middle man. There is no money transaction done between owner and tenant too.

The issue is the rental of the room for less than 30 days is the legal domain of the licenced hotel. Over 30 day it is a residential tenancy with different laws.

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I thought Thailand's legal system did not use precedents. Therefore another court could rule completely differently and it would make no difference. Indeed the same court could rule differently with another Air BnB landlord.

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I wonder if this rule is specific to condominiums, or will a person that rented his spare houses for daily or weekly stays via air bnb also be affected? 

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Forget AirBnb, book a Hotel, just check thy have a valid hotel Licens. remember 24 h reporting is done by Hotel. Even Airbnb has to comply with Thai Law operating in Thailand.

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30 minutes ago, Chang_paarp said:

This could be interesting if AirBnB weigh into the appeal process. I suspect they were not involved in the original case.

 

This court decision does not affect only rentals via AirBnN. All rentals for a period shorter than 30 days are termed illegal.

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22 minutes ago, 8OA8 said:

I wonder if this rule is specific to condominiums, or will a person that rented his spare houses for daily or weekly stays via air bnb also be affected? 

 

The court decision is about condos because the cases brought to court were about condos. It does not necessarily mean that the law cited in the court decision does no also apply to other types of residential premises. Perhaps someone can look up the law and post the relevant section here (I have to rush off now to a dentist appointment)

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Personally I will give a big thumbs up for this IF it is enforced.

Weekdays sees me staying in a condo in central Bangkok, approx. 1km from Nana area and the last few months one of the owners on the same floor has been short term renting their unit, last lot were some young kids on holiday, 4 of them in the one condo, absolutely no thought for anybody else, coming home drunk at 3 am, slamming doors, shouting in the corridors and so on.

Most others there are working (myself included) and have to get up around 6 am, the last thing you need or want is this!

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These headlines are always so misleading, and tiring to see such as "AirBnB is illegal" , "UBER is illegal" - no, they are not illegal, just platforms used to provide certain services. What is illegal is the actual illegal activities done using these platforms, such as breaking the Hotel Act or driving a taxi without appropriate licences. 

 

Is anyone stopping a residence with the appropriate hotel licences using AirBnB as a platform to find customers? Is UBER illegal if the driver has the appropriate taxi licences? The answers is most likely NO in all cases. 

I totally understand the hassles caused by AirBnB in condominiums though, with tourists going to reception asking for towels to the pool and where is the best elephant trip.. 

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