Leasing a house for 30 years

[john donson]

it has to be registered at land department at a cost of 1% of the  price of the lease

 

and it is written on the chanote, correct ?

 

let's say you make a contract with the owner and get all needed documentations like id card, copy of blue book

 

now if many years pass and the identity card of the owner is expired, will immigration insist you get a new copy of the owner

 

or with the chanote and with the lease agreement (and your name on it?) will that not be needed ?

 

I suppose it would be normal that the owner also help you if you ask to get the yellow book for the place you lease...

[jaideedave]

In my case, in 2007. I bought the house and had it put in my stepdaughters name. I then had a 30 year lease drawn up via a lawyer and had it all registered at the land office.(Pattaya)

My name is on the chanote as the lessee.

My stepdaughter has the chanote.

Some procedures may have changed during those years.

I think the lawyer fee was about 30k.Great for peace of mind.IMHO

[bwanajohn]

I have a property with 30 yr lease ,name on Chanote and other documents.

I was nominated as the housemaster / owner for  immigration TM 30.

I sign for  myself and non Thai wife as owner/housemaster. Be

Hasn't been an issue for visa extension or 90 day report 

On a 30 year lease it's good to have something in place if the Thai person who " owns".the property should pass away.

[Nip]

9 minutes ago, bwanajohn said:

I have a property with 30 yr lease ,name on Chanote and other documents.

I was nominated as the housemaster / owner for  immigration TM 30.

I sign for  myself and non Thai wife as owner/housemaster. Be

Hasn't been an issue for visa extension or 90 day report 

On a 30 year lease it's good to have something in place if the Thai person who " owns".the property should pass away.

But be mindful that the owner doesn’t sell on his or her interest in the lease. As has happened on Phuket. I would recommend taking out a small bank loan for the lease hold interest as it creates another safety mechanism. Because in Thailand there is no defense against signatures being forged and new Land Office papers being issued by a report from the police stating a Chanote being accidentally lost or destroyed. 

[khunPer]

On 12/12/2023 at 6:48 AM, john donson said:

now if many years pass and the identity card of the owner is expired, will immigration insist you get a new copy of the owner

 

or with the chanote and with the lease agreement (and your name on it?) will that not be needed ?

It might well depend on the local immigration office, they have different regulations when it comes to proof of rental agreement. Furthermore, regulations can change during a 30-year period.

 

Best thing would be to have permission from the owner to be registered in a Yellow House Book for aliens, then you have proof of address for the immigration office; furthermore you can apply for a pink ID-card for foreigners.

[john donson]

banks, immigration, land department, seems they all make up their own local rules...

 

banana republic

[YaDongImproved]

On 12/12/2023 at 12:48 PM, john donson said:

it has to be registered at land department at a cost of 1% of the  price of the lease

 

and it is written on the chanote, correct ?

 

let's say you make a contract with the owner and get all needed documentations like id card, copy of blue book

 

now if many years pass and the identity card of the owner is expired, will immigration insist you get a new copy of the owner

 

or with the chanote and with the lease agreement (and your name on it?) will that not be needed ?

 

I suppose it would be normal that the owner also help you if you ask to get the yellow book for the place you lease...

- registration is 1.1%

- name will be registered in back of title deed, right.

- your 30 years if safe. No need to get copies of ID and others unless you want to use a nominee, which is illegal. 
- draft your lease by professional. You need a strong agreement, allowing subleasing, maybe option to purchase in an addendum. You can add declaration of intention to renew and that has a retroactive effect, and more. 
- at land department, foreigners need their passport (sometimes translated) and Thai need Thai ID and ta bian baan. You also need the chanotte. There are taxes and transfer fees. Taxes to register a lease is 1.1% of total value of the lease. Value of the lease must be at market price. You can not put 1 baht per month for example.

- a lease is a lease. If the owner does not want to help with yellow book, nothing to do. Yellow book is not a necessary, it is just a proof of address. You can live in Thailand without a yellow book but personally, I like the pink card as it is small, help for the bank, hospital, many places and avoids the passport. You can get the pink card only after the yellow book.

 

Sebastien from ThaiLawOnline.

 

[john donson]

On 12/22/2023 at 3:17 AM, YaDongImproved said:

- registration is 1.1%

- name will be registered in back of title deed, right.

- your 30 years if safe. No need to get copies of ID and others unless you want to use a nominee, which is illegal. 
- draft your lease by professional. You need a strong agreement, allowing subleasing, maybe option to purchase in an addendum. You can add declaration of intention to renew and that has a retroactive effect, and more. 
- at land department, foreigners need their passport (sometimes translated) and Thai need Thai ID and ta bian baan. You also need the chanotte. There are taxes and transfer fees. Taxes to register a lease is 1.1% of total value of the lease. Value of the lease must be at market price. You can not put 1 baht per month for example.

- a lease is a lease. If the owner does not want to help with yellow book, nothing to do. Yellow book is not a necessary, it is just a proof of address. You can live in Thailand without a yellow book but personally, I like the pink card as it is small, help for the bank, hospital, many places and avoids the passport. You can get the pink card only after the yellow book.

 

Sebastien from ThaiLawOnline.

 

 

thank you for the info

what is your fee to draft up such a binding agreement ?