1 hour ago, norrska said:

You can try your luck and make all the delusional assumptions you want.  Next thing you will be telling everyone that you have a special exemption from tax as well. 

Are you really missing all the posts, not just mine, that repeatedly say the new law only applies to owners of 5 rental properties or more?  

29 minutes ago, newnative said:

Are you really missing all the posts, not just mine, that repeatedly say the new law only applies to owners of 5 rental properties or more?  

Show me the original text in Thai language, not your 3rd hand reporting of fake news!  Or are we supposed to believe everything you write, because you want it to be true.

24 minutes ago, norrska said:

Show me the original text in Thai language, not your 3rd hand reporting of fake news!  Or are we supposed to believe everything you write, because you want it to be true.

I'm guessing no official dot gov website info on this topic. I think it will be forgotten about as quickly as some of the other rules.  For example. teacher license fiasco. 

 

26 minutes ago, norrska said:

Show me the original text in Thai language, not your 3rd hand reporting of fake news!  Or are we supposed to believe everything you write, because you want it to be true.

I not fully assured either thats its 5 Units and more better ask ur thai rental agent what the real deal is!

1 minute ago, stud858 said:

I'm guessing no official dot gov website info on this topic. I think it will be forgotten about as quickly as some of the other rules.  For example. teacher license fiasco. 

 

Or the wrist tag identification  for aliens they silent about that too?

34 minutes ago, Destiny1990 said:

Or the wrist tag identification  for aliens they silent about that too?

Around the neck tag better.

Just reminded me,  I got bitten by a dog yesterday.  City council.  please do something. 

1 hour ago, norrska said:

Show me the original text in Thai language, not your 3rd hand reporting of fake news!  Or are we supposed to believe everything you write, because you want it to be true.

   Below is a translation from the original Thai of the relevant part of the law, third paragraph.  You're welcome to dispute this as fake news.   If you Google the new law you will see numerous articles regarding its provisions and most of them mention the exemption for less than 5 rentals.  This is much like the exemption the Hotel Law has for small guesthouses or shophouses that rent a small number or rooms--they are exempt from the Hotel Law and don't need a hotel license.

A translation of the Thai Document Below- (this is not an official translation and is for information purposes only)

Section 35 bis of the Consumer Protection Act B.E. 2522 (1979) grants the Contract Committee of the Consumer Protection Board the power to designate “contract-controlled businesses,” in order to control the contents of written contracts between certain businesses and their consumers in the course of sales or services. Designation as a contract-controlled business is intended to ensure that contracts contain necessary terms and conditions and to prevent consumers from being unreasonably disadvantaged by unfair contract terms.

On February 12, 2017, the Contract Committee used that power to issue “Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract- Controlled Business B.E. 2561 (2018)” (the “Notification”), which was published in the Government Gazette on February 16, 2018. As a result, residential property leasing will be deemed a contract-controlled business as of May 1, 2018.

The Notification defines a “residential property leasing business” as a business that leases (or subleases) five units of property or more to individual lessees, for residential purposes, in exchange for a fee collected by the business operator, regardless of whether or not the units are in the same building. Property is defined to include any accommodation, house, condominium unit, apartment, or other kind of residential property leased for residential purposes, excluding dormitories and hotels which are regulated under a separate regime.

1 hour ago, norrska said:

Show me the original text in Thai language, not your 3rd hand reporting of fake news!  Or are we supposed to believe everything you write, because you want it to be true.

 

47 minutes ago, stud858 said:

I'm guessing no official dot gov website info on this topic. I think it will be forgotten about as quickly as some of the other rules.  For example. teacher license fiasco. 

 

 

46 minutes ago, Destiny1990 said:

I not fully assured either thats its 5 Units and more better ask ur thai rental agent what the real deal is!

 

The original law: http://www.ratchakitcha.soc.go.th/DATA/PDF/2561/E/035/12.PDF

“ธุรกิจการให้เช่าอาคารเพื่ออยู่อาศัย” หมายความว่า การประกอบธุรกิจที่ผู้ประกอบธุรกิจ ตกลงให้ผู้เช่าซึ่งเป็นบุคคลธรรมดาได้ใช้อาคารเพื่ออยู่อาศัย และผู้เช่าตกลงจะให้ค่าเช่าเพื่อการนั้น โดยมีสถานที่ที่จัดแบ่งให้เช่าตั้งแต่ ๕ หน่วยขึ้นไป ไม่ว่าจะอยู่ในอาคารเดียวกันหรือหลายอาคารรวมกัน

5 or more units

 

7 hours ago, jackdd said:

Then the landlord should make the contract with the real estate agent so that he only has to pay if the tenant stays for a minimum time. Or for example 16% per month over 6 months if the tenant does not leave. Obviously finding a tenant who really wants to stay long term means more work for the agent, but this could be compensated by an increased commission.

not going to happen and once many agents  have the money I doubt many would give it back, also youd  find the agent then having to chase the landlord who would often be "conveniently busy" etc

Quite a few landlords are real tight buggers and have a a "I dont care" attitude.

How exactly do you find a tenant who "really wants to stay"????

2 hours ago, Destiny1990 said:

No true because my rental agent said that she can nolonger draft agreements with 2 month deposits regardless how many units the landlord says that he has..

Maybe that rental agent doesn’t understand it? I told her about 5 unit rule but she says doesnt matter??

When the news first came out, many people were assuming that a rental agent that managed more than 5 units for numerous owners would have to comply. But a closer reading of the law (personally I only read the english translation) says the 5-unit test is applied to the owner, not the agent. Given that many people here made the assumption that the law would apply to a rental agency managing more than 5 units, it seems very possible that one particular rental agency might make that assumption too.

 

I think they're incorrect, but perhaps they are interpreting it correctly and I'm not. Or perhaps they just decided they couldn't determine whether their owners had more than 5 properties and would just be conservative and force conformance to the law for everyone to keep things simple.

 

Anyway, while I like the position your particular rental agency is taking, I think it's a single case of someone interpreting the law, not necessarily the same as what the actual legal requirement is.

1 hour ago, norrska said:

Show me the original text in Thai language, not your 3rd hand reporting of fake news!  Or are we supposed to believe everything you write, because you want it to be true.

apology in order methinks..but are you man/woman enough???

2 hours ago, Destiny1990 said:

No true because my rental agent said that she can nolonger draft agreements with 2 month deposits regardless how many units the landlord says that he has..

Maybe that rental agent doesn’t understand it? I told her about 5 unit rule but she says doesnt matter??

To be honest many "agents" are  clueless, my Wife deals with Tilleke and Gibbins regularly and has the right information as posted in Thai on here

3 minutes ago, kannot said:

To be honest many "agents" are  clueless, my Wife deals with Tilleke and Gibbins regularly and has the right information as posted in Thai on here

That's pretty much what I said, only I used a lot more words. 

Edited May 17, 20188 yr by jerry921
add smiley

i predict agents will get less of a cut from now on

17 minutes ago, jerry921 said:

When the news first came out, many people were assuming that a rental agent that managed more than 5 units for numerous owners would have to comply. But a closer reading of the law (personally I only read the english translation) says the 5-unit test is applied to the owner, not the agent. Given that many people here made the assumption that the law would apply to a rental agency managing more than 5 units, it seems very possible that one particular rental agency might make that assumption too.

 

I think they're incorrect, but perhaps they are interpreting it correctly and I'm not. Or perhaps they just decided they couldn't determine whether their owners had more than 5 properties and would just be conservative and force conformance to the law for everyone to keep things simple.

 

Anyway, while I like the position your particular rental agency is taking, I think it's a single case of someone interpreting the law, not necessarily the same as what the actual legal requirement is.

Well thats the issue now the position of the agent however can always be contract directly between tenant and landlord.. agent only find tenant thats it

15 hours ago, SABloke said:

Unless, of course, he's a Thai citizen - did you consider that possibility? 

That is possible. Consider the percentage of posters on Thai Visa who are also Thai nationals.

15 hours ago, newnative said:

A condo can be a "home".  My home is a condo.

It depends on your point of view. A property where the majority vote will always be under Thai control ....... hmmm.

31 minutes ago, kannot said:

not going to happen and once many agents  have the money I doubt many would give it back, also youd  find the agent then having to chase the landlord who would often be "conveniently busy" etc

Quite a few landlords are real tight buggers and have a a "I dont care" attitude.

How exactly do you find a tenant who "really wants to stay"????

You can never know 100% because some people are prepared to lie, but by simply asking people about their life circumstances you can filter out a lot already.

If for example somebody just moved to BKK he is way more likely to leave your place soon compared to somebody who has lived in BKK the last years and knows what he wants. You could ask to see the contract with his employer, if he is steadily employed the chance that he will move soon is also reduced. And there are many other factors... it's basically just what real estate agents in western countries are doing all the time already.

Edited May 17, 20188 yr by jackdd

1 hour ago, newnative said:

   Below is a translation from the original Thai of the relevant part of the law, third paragraph.  You're welcome to dispute this as fake news.   If you Google the new law you will see numerous articles regarding its provisions and most of them mention the exemption for less than 5 rentals.  This is much like the exemption the Hotel Law has for small guesthouses or shophouses that rent a small number or rooms--they are exempt from the Hotel Law and don't need a hotel license.

A translation of the Thai Document Below- (this is not an official translation and is for information purposes only)

Section 35 bis of the Consumer Protection Act B.E. 2522 (1979) grants the Contract Committee of the Consumer Protection Board the power to designate “contract-controlled businesses,” in order to control the contents of written contracts between certain businesses and their consumers in the course of sales or services. Designation as a contract-controlled business is intended to ensure that contracts contain necessary terms and conditions and to prevent consumers from being unreasonably disadvantaged by unfair contract terms.

On February 12, 2017, the Contract Committee used that power to issue “Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract- Controlled Business B.E. 2561 (2018)” (the “Notification”), which was published in the Government Gazette on February 16, 2018. As a result, residential property leasing will be deemed a contract-controlled business as of May 1, 2018.

The Notification defines a “residential property leasing business” as a business that leases (or subleases) five units of property or more to individual lessees, for residential purposes, in exchange for a fee collected by the business operator, regardless of whether or not the units are in the same building. Property is defined to include any accommodation, house, condominium unit, apartment, or other kind of residential property leased for residential purposes, excluding dormitories and hotels which are regulated under a separate regime.

I asked for the original in Thai.

1 hour ago, kannot said:

apology in order methinks..but are you man/woman enough???

I'm not the one who doubted you but I apologise. I didn't think it existed.  I love it when finally the official stuff comes to light. But it's the enforcement I'm disheartened with.

On with my day and Now you are all fined 100 baht.  Send to my bitcoin account. Xixi.have a happy day every one. 

1 hour ago, kannot said:

apology in order methinks..but are you man/woman enough???

Apology required from you ....read what it says...NOT official

A translation of the Thai Document Below- (this is not an official translation and is for information purposes only)

Edited May 17, 20188 yr by norrska

35 minutes ago, norrska said:

I asked for the original in Thai.

And post #63 by jackdd, the very next post below the one you replied to, which was there for half an hour before your post #79, contains a link to the actual real Thai language pdf of the law, posted by the thai government on their official web site.

 

 

11 hours ago, kannot said:

what  will in effect happen is agents  will only work for owners who have 4  rooms  or  less as its simply  not worth the hassle of chasing a customer now unless there is  full commission.

Another factor is these  days that commission is rarely given all to the agent, quite often the security guard, maid and office  are  all in on the deal so it can be split often 2-3- or even  4  ways.

 When the other poster said "surely there should be some sort of contract between owner and agent"  well its impossible to do  "  good  luck" trying to get money back from security guards or the maids when theyve had their cut, not only that but even tenants are getting in on it if they find a friend wants to move into a  room  they are vacating.

Actually, I'm the one who said that and you're replying to my post... about a contractual arrangement between agent and landlord regarding early tenant departure.

 

My landlord owns more than 40 units handled by the agent. They won't be letting him go, I can tell you that... and they are not giving the security deposit to maids, security guards, etc. That might happen at some agencies, but not the professional ones.

 

You are being overdramatic. Reducing the security deposit to 1 month is not a deal breaker. All it does is increase the risk of losing a small amount of money per rental. It's an increased risk of doing business, that's all. The early departure clause with a good reason offered was always an option for me, even though I signed my last contract over a year ago.

 

2 hours ago, Lacessit said:

It depends on your point of view. A property where the majority vote will always be under Thai control ....... hmmm.

     You would think the 'majority vote will always be under Thai control' but I have found that is not always the case.  Sometimes it can be more of a case as to whom shows up to vote at the annual meeting and, in turn, at the required special meeting that follows if not enough members show up for the first meeting.  

13 hours ago, yourauntbob said:

you're missing the point.  if you can only collect one month rent and that goes to the agent you have in effect no deposit.  If the tenant moves out after a two months and does not pay the second you have lost money.  

No, you've missed the point. A security deposit is a security deposit. A commission payment is a commission payment. The point is that an agent does work and advertises to obtain tenants and obviously should be paid. Do you think that if a tenant skips early the agent should be the loser? Good agents probably have an arrangement to cover such eventualities. You're under the delusion that the landlord should always win. Losing a security deposit here or there is the cost of doing business.

Edited May 17, 20188 yr by tropo

3 hours ago, kannot said:

apology in order methinks..but are you man/woman enough???

Thanks!

2 hours ago, norrska said:

I asked for the original in Thai.

Which, I believe, Jackdd posted.  I think you are just about ready for your new position with the Trump administration, where everything which is true but not liked is immediately branded 'fake news'.  

Regarding furniture, I rented from a place on Soi Rangnaam where most of the rent was "furniture rental"...only a small piece each month was for the premises. No rules on furniture rental, no doubt!  :)

I also believe (don't know for sure) that furniture rental was/is not taxable!

1 hour ago, newnative said:

Which, I believe, Jackdd posted.  I think you are just about ready for your new position with the Trump administration, where everything which is true but not liked is immediately branded 'fake news'.  

That would be a great honor to serve under such a great President....can you write a letter of recommendation for me.

3 hours ago, jerry921 said:

And post #63 by jackdd, the very next post below the one you replied to, which was there for half an hour before your post #79, contains a link to the actual real Thai language pdf of the law, posted by the thai government on their official web site.

 

 

Post 63 is by stud858 and contains no such link...more fake news!