5 Year Lease Contract.

[bangkoklawyer24]

Looking forward to a reply to my post 28 as I'd love to see how the encumbrance system can work without registration.

If the landlord transfers legal ownership to a third party, the new owner steps under Section 569 CCC in all rights and obligations under an existing lease agreement, independent from a lease registration. The lease remains valid for its full contractual term, be it two, three or twenty years. However, the buyer is to a certain extent protected by the Thai laws: He has to respect the lease for three years only, if it is not registered at the land office. As a result, when acquiring real estate in Thailand, the acquirer's risk of a non-disclosed and non-registered lease is limited to the three year period under Section 538 CCC. This clearly shows that this clause protects the buyer only, not the lessee.

[cheeryble]

Looking forward to a reply to my post 28 as I'd love to see how the encumbrance system can work without registration.

If the landlord transfers legal ownership to a third party, the new owner steps under Section 569 CCC in all rights and obligations under an existing lease agreement, independent from a lease registration. The lease remains valid for its full contractual term, be it two, three or twenty years. However, the buyer is to a certain extent protected by the Thai laws: He has to respect the lease for three years only, if it is not registered at the land office. As a result, when acquiring real estate in Thailand, the acquirer's risk of a non-disclosed and non-registered lease is limited to the three year period under Section 538 CCC. This clearly shows that this clause protects the buyer only, not the lessee.

Which is why no-one in their right mind would buy a long lease without it being registered?..........because it would be to their great risk..........so it doesn't ever happen?

[bangkoklawyer24]

Which is why no-one in their right mind would buy a long lease without it being registered?..........because it would be to their great risk..........so it doesn't ever happen?

The question is not to register or not. Surely you must register to avoid unenforceability.

The question is what are your rights if it is not registered. And you would be surprised how many non-registered 3y+ rents exist.

[cheeryble]

BKKLawyer

In post 22 you tell us registration is the "tenant's burden", in your last post "surely you must register to avoid unenforceability".....the latter obviously being a tremendous benefit to the tenant.....not a burden.

??

Back to the OP again I can't understand offering

1. Anything

2.More than the rate of inflation

Unless the counterparty, the landlord refuses 1 and then 2.

At that point a rent-rise holiday of X yeas might be mentioned.

[bangkoklawyer24]

BKKLawyer

In post 22 you tell us registration is the "tenant's burden", in your last post "surely you must register to avoid unenforceability".....the latter obviously being a tremendous benefit to the tenant.....not a burden.

??

Yes, it is something he has to do to avoid a disadvantage. Therefore it is his burden. Should be clear.

[cheeryble]

Thankyou I'm glad it is clear.

Get any long lease registered.