I haven't come across my scenario yet so would like the advice of the forum experts.

 

I live in Phuket but own a condo in Bangkok. This is rented to a Thai lady, who is married to an Australian offshore worker.

 

Up to now the Aussie has entered on tourist visas and 30 day stamps and has never felt the need to register a TM30, however he is going to apply for a marriage visa and will therefore need to be registered.

 

The lease is in his wife's name. The condo is in my name, though my name is not in the blue tabien baan as I'm a foreigner and it's not allowed!

 

Is it down to me, as the property owner, or his wife, as the leaseholder, to make the initial report and possibly pay the fine for not having reported his numerous previous stays? If it's me can I get away without making the trip to Chang Wattana?

It's you -  to make the initial report and possibly pay the fine

OP you don't need to do it. The Thai wife could do the tm30.

Or he could do it himself as possessor.

 

29 minutes ago, DrJack54 said:

OP you don't need to do it. The Thai wife could do the tm30.

Or he could do it himself as possessor.

 

If the lease is in his wife's name she will be the possessor and not him.

6 minutes ago, berybert said:

If the lease is in his wife's name she will be the possessor and not him.

No, she will be the tenant.

 

@madmitch Theoretically anyone of you could file the TM30, you as the owner, her as the tenant, or him as the possessor. However common sense dictates if he's an oil worker with frequent visits, it would be logical for you to supply his GF with the relevant documents for her to file the TM30 each time he visits.

22 minutes ago, berybert said:

If the lease is in his wife's name she will be the possessor and not him.

The lease is to the thai lady. Due to this the thai lady has to do the report.

1 minute ago, schlemmi said:

The lease is to the thai lady, and he the threadstarter told that the thai lady has her name in the housebook. I am shure she is noted as housemsster too. Due to this the thai lady has to do the report.

He stated her name was on the lease, not in his Tabien Baan.

5 minutes ago, Tanoshi said:

He stated her name was on the lease, not in his Tabien Baan.

Yes, sorry. I read it wrong and corrected already. But you were faster ????

Thanks all. I will send all the documents to his wife, the leaseholder, and they can do it together. As she is the tenant, in theory i have no idea who comes and goes so it would be more logical, though, as we all know, Thailand and logic are not words that often fit together well!

 

If that fails than I'll make the trip down.

2 hours ago, Tanoshi said:

No, she will be the tenant.

 

@madmitch Theoretically anyone of you could file the TM30, you as the owner, her as the tenant, or him as the possessor. However common sense dictates if he's an oil worker with frequent visits, it would be logical for you to supply his GF with the relevant documents for her to file the TM30 each time he visits.

So what is the difference between tenant and possessor ?

The guy staying there 30 days at a time will have him name on nothing so has no means to report himself. 

Removed an off-topic post and the reply to it.

 

12 hours ago, berybert said:

If the lease is in his wife's name she will be the possessor and not him.

 

Correct.

 

In the case of a rented residence and based on the definition of House Master in section 4 of the Immigration Act, 

“ House Master ” means any person who is the chief possessor of the residence in the capacity of tenant.

 

Tenant = chief possessor = House Master

 

There is no other way to interpret section 4 in the situation described by the OP.