Rented Building- Problems With Landlord

[stevemiddie]

Hello.

Briefly......we have rented a 4 storey office/ appartment in Pattaya. 6 year lease. Have signed contracts in Thai and have English translations.

There is nowhere in the contract that states who is responsible for repairs.

We have litterally a bucket full of water leaking from the shower and toilet on Floor 2 onto floor 1 ( office )

It does not look good when clients are in the office.

The building is 9 months old. Neighbours on both sides of us have reported similar problems. Poor workmanship somewhere along the line.

The landlord states she is not responsible for repairs of this nature. We are.

I know if i make alterations and screw up then i must pay. This is an issue of poor quality i believe.

Who is responsible if the contract does not stipualte?

Any input would be appreciated before i consider talking to a lawyer? ( more expense )

Regards....................Steve

[Sir Burr]

The land-lord is responsible for repairs to the building, but, how do you make her pay?

If you go through the courts, it'll be more expensive than doing it yourself.

[mouse]

I would suggest holding the rent and placing it into a joint bank account assigned to both the owner and your firm. but, before doing so, check with Sunbelt Asia and get a reading as to your rights.

[stevemiddie]

The land-lord is responsible for repairs to the building, but, how do you make her pay?

If you go through the courts, it'll be more expensive than doing it yourself.

This is true. But i also have to consider potential problems over the next 5 1/2 years. It might be best for me to get this resolved quickly..............one way or the other so we all know where we stand.

[midas]

The land-lord is responsible for repairs to the building, but, how do you make her pay?

If you go through the courts, it'll be more expensive than doing it yourself.

How can you say that so categorically ?? If the written contract is silent on this

issue I dont think there is an implied term in Thai leases that the landlord is automatically

responsible ? The landlord could simply argue that the rent agreed reflected the

intention that the tenant be responsible for repairs it s not unusual - in England

they have FRI leases ( full repairing and insuring by the tenant ).

This is why its important to have a well drafted lease instead of the Mickey

Mouse documents you see here

[gregb]

Hello.

Briefly......we have rented a 4 storey office/ appartment in Pattaya. 6 year lease. Have signed contracts in Thai and have English translations.

There is nowhere in the contract that states who is responsible for repairs.

We have litterally a bucket full of water leaking from the shower and toilet on Floor 2 onto floor 1 ( office )

...

Who is responsible if the contract does not stipualte?

Any input would be appreciated before i consider talking to a lawyer? ( more expense )

Regards....................Steve

As a practical matter, unless it is a professionally managed complex, you are responsible for repairs. In any lease I've ever signed from a private individual, I've always written that I will fix anything less than 2000 baht. If more that 2000 baht, I will consult with the owner. They generally don't have a problem with this.

To be honest, I would simply fix this myself. A leaky pipe can't cost more than a few thousand baht. hel_l...do it your self. Just pull off the ceiling, find the leak, and epoxy the da mn thing. It'll probably last 5 years. A ceiling repair won't cost more than 1000 baht.

With a private individual and a minor repair of this nature, your best bet is just to fix it yourself. Not worth the headache to do anything else, and as a practical matter most private landlords expect you to take care of it.

My 21 satang. (used to be 25 but the baht has been strengthening so much recently I can't afford it any more.)

[stevemiddie]

I appreciate the advice. Thanks. I will have a look myself or call a pro in ( NO ! Not that SORT of pro )

[AlexLah]

I had a problem with a broken water pipe last year.

My and three other units were affected by this.

Nothing in the rental contract stated about damage to other.

Landlord payed all damage.

[JimsKnight]

Good luck Steve! Try not to bring the house down

[quiksilva]

The land-lord is responsible for repairs to the building, but, how do you make her pay?

If you go through the courts, it'll be more expensive than doing it yourself.

How can you say that so categorically ?? If the written contract is silent on this

issue I dont think there is an implied term in Thai leases that the landlord is automatically

responsible ? The landlord could simply argue that the rent agreed reflected the

intention that the tenant be responsible for repairs it s not unusual - in England

they have FRI leases ( full repairing and insuring by the tenant ).

This is why its important to have a well drafted lease instead of the Mickey

Mouse documents you see here

Midas makes an excellent point, it is not so cut & dried as one might think. Speak to the other tenants, and negotiate en-masse. You need to make the threat of a mass relocation seem very real to her. Even if it is only legally feasible to do so at the end of the 3 year term, I seriously doubt that the landlord will have broken even by that point and I doubt she'd be happy to be facing a mass exodus of her tenants.

[samtam]

There must be something in your lease about being able to enjoy the premises to their full capacity, which a persistent leak would prevent. But, if you want to argue the point, and that follows its worst conclusion through the courts, then you'll be arguing about it for years. Consult your neighbours to mount a joint complaint to the landlord, or just fix it, and be done with it. This experience however is pretty evident of the type of treatment you'll get for any other problems.

[stevemiddie]

Good luck Steve! Try not to bring the house down

I,ll do my best !!

Thanks for advice to all.

We got together as a group and the landlord is now agreeable to paying for the repairs.

Jobs a good un !

[quiksilva]

Nice one, that approach usually works!

[lazeeboy]

Hello.

Briefly......we have rented a 4 storey office/ appartment in Pattaya. 6 year lease. Have signed contracts in Thai and have English translations.

There is nowhere in the contract that states who is responsible for repairs.

We have litterally a bucket full of water leaking from the shower and toilet on Floor 2 onto floor 1 ( office )

It does not look good when clients are in the office.

The building is 9 months old. Neighbours on both sides of us have reported similar problems. Poor workmanship somewhere along the line.

The landlord states she is not responsible for repairs of this nature. We are.

I know if i make alterations and screw up then i must pay. This is an issue of poor quality i believe.

Who is responsible if the contract does not stipualte?

Any input would be appreciated before i consider talking to a lawyer? ( more expense )

Regards....................Steve

if its thai v farang ,the farang will pay ,and in some cases compensation to the landowner ,join the club ,theres many of us in the same situation