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

[Briggsy]

3 minutes ago, Orton Rd said:

Having had two horrible airbnb experiences last year

Please tell more.

[newnative]

7 hours ago, Inn Between said:

This sets a dangerous precedent when gov'ts start DICTATING what people can and can't do with the property they have paid for and maintained through their own efforts and expense, assuming it's not involving dangerous or illegal activities. I can't help but think that the lobbyists for the hotel industry are behind this, with the industry concerned about loss of revenue through private rentals.  

     Short-term rentals are prohibited in most condo by-laws so they are 'illegal activities'.  In Thailand they are also prohibited by Thai law.  Condo owners may still rent their condos, just not illegally short-term.  As an aside, governments haven't suddenly started 'DICTATING' what people can and can't do with their property.  That's been going on for a long time--and, thankfully so.  You may be ok with the guy next door raising hogs and goats in his condo but I wouldn't be--although hogs and goats might be preferable to some of the illegal daily renters I have seen.

[ThaiBob]

I was shocked to see this sign posted in the lifts and office window of View Talay 5 and 7. This action was initiated by the Juristic Person so they must be getting pressure from government authorities as they would not take action like this on their own. The respective Committees had requested signage but previously they would do nothing. The English needs obvious work but the short-term renter will understand. 

 

 

[newnative]

18 minutes ago, ThaiBob said:

I was shocked to see this sign posted in the lifts and office window of View Talay 5 and 7. This action was initiated by the Juristic Person so they must be getting pressure from government authorities as they would not take action like this on their own. The respective Committees had requested signage but previously they would do nothing. The English needs obvious work but the short-term renter will understand. 

 

 

  Signs like this are in a lot of large condo projects and have been up for some time.  I've seen them in Pattaya and Bangkok condos.  

[moontang]

5 hours ago, Destiny1990 said:

What’s ur point?

My point is that there are drawbacks to staying vacationing in a place that is not a real hotel.  Had to walk 800 m for drinking water.  I'll draw some pictures for you next time.

[Orton Rd]

1 hour ago, Briggsy said:

Please tell more.

Florence, 'super host' who could not even be bothered to retrieve washing that fell into the garden area, claiming he did not know how to gain access. Half the electrical  appliances could not be used due to a missing adapter and the fuse went every time both rings on the cooker were used.

Norwich, room not much larger than a cupboard, this one was not the whole apartment but in a home. Wife was friendly but the husband just glared every time he saw us and refused to reply to hello or good morning. You don't expect to make life long friends but rudeness like that made us feel pretty unwelcome, and it was not cheap.

[moontang]

On 3/8/2019 at 2:31 PM, DrTuner said:

AirBnB is seen as a low cost alternative to hotels. Low cost, lower salary earners gravitate there, lower salary -> lower education .. result is half of mainland Chinese farmers on their first ever trip flooding the illegal hotels and using them like they were garden sheds

On a square footage basis, yes, air is cheaper, but if you look at a place with a large supply of hotels, like CM, you can get a decent hotel room for 400, or even 600 at a newer B2 HOTEL, and the Pickens on Airbnb are quite thin at that price point.  But, the Chinese know they can get away with tons of stuff at a condo, that they would be stopped in their tracks at a hotel for...and that is why there are complaints and why they were outlawed.  Give an inch, take a mile...yes, that is how the Chinese behave.

Edited March 27, 2019 by moontang

[Orton Rd]

Pretty sure the supporters of airbnb would not want to live in a condo block where an adjoining apartment was a airbnb let. In places like Florence and Venice the locals cannot rent anywhere due to the huge amount of property for holiday lets, it's bad for communities, the neighbours and the Hotel business.

[Mavideol]

9 hours ago, Inn Between said:

This sets a dangerous precedent when gov'ts start DICTATING what people can and can't do with the property they have paid for and maintained through their own efforts and expense, assuming it's not involving dangerous or illegal activities. I can't help but think that the lobbyists for the hotel industry are behind this, with the industry concerned about loss of revenue through private rentals.  

you are correct, Thai law says the owner of a property can enjoy the benefits of their investment but like any law in Thailand, all very confusing and let for "convenience interpretation" the hotel owners question that interpretation thus conflicts arise

[bkk6060]

2 hours ago, newnative said:

  Signs like this are in a lot of large condo projects and have been up for some time.  I've seen them in Pattaya and Bangkok condos.  

Yes.

They are all over even at the front gates at the The Base.

Some place signs saying ST will go to jail.

Waste of time those View Talay signs will change nothing there and they were at the request of the condo board,  not a government agency.

I guarantee they will stop nothing.

[madmen]

3 hours ago, Orton Rd said:

Stayed at a Sukhumvit hotel last week 1k baht a night inc breakfast, better deal than any airbnb. Having had two horrible airbnb experiences last year i will be sticking to hotels. You have no idea who the hosts are as they are not vetted, they could have a history of mental illness or violence and last minute cancellations are always a risk. Too much of a gamble for my liking.

You can get my place air bnb 74 sqm for 1200 baht a night (one month) lower sukhumvit 5 minutes walk to either Nana or Asoke bts, A fantastic gym and pool as well. Im not mentally disturbed either ..well mostly not. Ive had 1k 15 sqm rooms and  breakfasts in a previous life , errmm no thanks !

enjoy

[ThaiBunny]

13 minutes ago, bkk6060 said:

Some place signs saying ST will go to jail. Waste of time those View Talay signs will change nothing there and they were at the request of the condo board,  not a government agency. I guarantee they will stop nothing.

I agree absolutely -they're there in a vain attempt to deter the ignorant.  A friend of mine lives in a newish condo in the Sathorn/Silom area of Bangkok where the signs are erected in two or three places in the lobby and the elevators.  Multiple AirBNB/short-term lets check in and out every day, courtesy of a nearby hotel which seems to be managing several of the apartments, as well as individual owners who make their own arrangements. The hotel management assures their customers that the signs don't apply to them

Edited March 27, 2019 by ThaiBunny

[moontang]

1 hour ago, madmen said:

You can get my place air bnb 74 sqm for 1200 baht a night (one month) lower sukhumvit 5 minutes walk to either Nana or Asoke bts, A fantastic gym and pool as well. Im not mentally disturbed either ..well mostly not. Ive had 1k 15 sqm rooms and  breakfasts in a previous life , errmm no thanks !

enjoy

that is value..but..what if the a/c breaks?  likely will be more like a week than a day.  What if someone cries "bedbugs?"

[ThaiBunny]

1 minute ago, moontang said:

What if someone cries "bedbugs?"

You mean the guests are expected to look after the pets?

[madmen]

Just now, moontang said:

that is value..but..what if the a/c breaks?  likely will be more like a week than a day.  What if someone cries "bedbugs?"

I have one month highlighted. Its illegal to rent out for less and no way would I want the nightmare of checking people in and out at all hours 

[mokwit]

2 minutes ago, madmen said:

I have one month highlighted. Its illegal to rent out for less and no way would I want the nightmare of checking people in and out at all hours 

Reception staff do it in most condos.

[ThaiBunny]

2 minutes ago, madmen said:

I have one month highlighted. Its illegal to rent out for less and no way would I want the nightmare of checking people in and out at all hours 

Actually I had to go back and check your post.  It was a bit confusing to read "1200 night (month)" and realise that you meant one month minimum.  Why not simply say 35,000 per month?

[moontang]

2 minutes ago, mokwit said:

Reception staff do it in most condos.

all that for about a 4% net....can get 7% dividend from solid REITS without the chicken grease, or working illegally, or gaming the law as a guest in a foreign country with draconian laws.

[madmen]

3 minutes ago, ThaiBunny said:

Actually I had to go back and check your post.  It was a bit confusing to read "1200 night (month)" and realise that you meant one month minimum.  Why not simply say 35,000 per month?

Didn't think it was rocket science. 

[bkk6060]

10 minutes ago, mokwit said:

Reception staff do it in most condos.

Absolutely untrue very rarely if ever.  They do not check them in.  

Edited March 27, 2019 by bkk6060

[mike787]

  first UBER, now Airbnb,  immigration clamping down, constant location reporting required, heavy fines, smog, road deaths highest in the world, baht to pound is tanking, sin sot BS, man this place is the BEST!!!

[madmen]

7 minutes ago, mokwit said:

Reception staff do it in most condos.

No they dont. Most condos around 99% that are not a condo tel  dont have "reception staff" They have security staff to STOP people and certainly not to check people in. 

[bkk6060]

48 minutes ago, mike787 said:

  first UBER, now Airbnb,  immigration clamping down, constant location reporting required, heavy fines, smog, road deaths highest in the world, baht to pound is tanking, sin sot BS, man this place is the BEST!!!

Yes.

If one is weak and not able to adapt to rules, laws and the changes and obstacles life brings, then this place may not be right for them.

Edited March 27, 2019 by bkk6060

[dcnx]

1 hour ago, bkk6060 said:

Absolutely untrue very rarely if ever.  They do not check them in.  

They do for every one of ours except one. One of them is under new management and is pretending to not support short term rentals, which really means they just look the other way.

[dcnx]

30 minutes ago, bkk6060 said:

Yes.

If one is weak and not able to adapt to rules, laws and the changes and obstacles life brings, then this place may not be right for them.

I think it’s more about having low standards in life. 

[dcnx]

1 hour ago, madmen said:

No they dont. Most condos around 99% that are not a condo tel  dont have "reception staff" They have security staff to STOP people and certainly not to check people in. 

They do. Like everything else here, it depends on your condo. The only hiccup you have is late night check-ins.

[madmen]

2 minutes ago, dcnx said:

They do for every one of ours except one. One of them is under new management and is pretending to not support short term rentals, which really means they just look the other way.

Nonsense. Your not talking condos but condotels . They would get busted in 5 minutes and I would be the first to donate several thousand baht to the BIB xmas party fund for arrests if I found out Juristic were checking in guests in my condo

[Mavideol]

6 hours ago, newnative said:

  Signs like this are in a lot of large condo projects and have been up for some time.  I've seen them in Pattaya and Bangkok condos.  

Section 17/1 In the case where a space in the condominium is set aside as a place to carry out the business, the system on entering and exiting such area shall be specifically set up in order to prevent the disturbance on the peaceful enjoyment of the joint owners.
No person shall be permitted to engage in any trade transactions in the condominium except it is a trade transaction in the area of the condominium designated in accordance with paragraph one.

 

the information on the poster is misleading and/or incorrect.... condo law Section 17 doesn't say anything about the unit rental, it relates to business being run at the site, it could be assumed that renting units on a daily/weekly basis could be considered as a business the same would apply to renting a unit on a monthly basis, it's  still a business, condo projects have at least 2 types of ownership freehold and leasehold, if one owns a unit as freehold it's considered as a single house thus not follow within the hotel law claiming nobody with more than 5 rooms can not rent without hotel license, renting or not renting is or should be governed by the condo bylaws and regulations, Thai ownership law allows a owner to profit from his/hers property/investment, but again, this is a matter of interpretation, there are precedents with regards to residences but nothing specifically related to condominiums as it's something not being around for longtime in Thailand, the Hua In law suit can not be used as precedent as it had many different related matters. When the developer/construction company advertises the units for sale, it's common practice, by them, to guaranty a certain % return on the purchase and thus promising to rent the units, this, as per the condo act  and hotel law, is illegal, they want to run a business out of the building and to do so they need a GM and the owners permission to proceed and since they will be renting more than 5 rooms they will need an hotel license as well, the law not enforced, they keep doing it on a regular basis, yesterday walked by an ongoing condo construction and the signs are all over the site and driving around the city/town signs are all over as well

[Destiny1990]

6 hours ago, moontang said:

My point is that there are drawbacks to staying vacationing in a place that is not a real hotel.  Had to walk 800 m for drinking water.  I'll draw some pictures for you next time.

So In hotel rooms u have never neighbors? In Hotels u can prior to ur arrival safety screen the hotel owner and all its staff?

airbnb staff doesn’t change ur bed sheets?

these were all ur complaints concerns about airbnb in comparison with a hotel and none of them made any sense. We dont  need ur drawings either.

[bkk6060]

3 hours ago, madmen said:

I have one month highlighted. Its illegal to rent out for less and no way would I want the nightmare of checking people in and out at all hours 

Very few owners do.

They hire a staff to meet the clients for checkin then clean the place after.

Edited March 27, 2019 by bkk6060