Phuket condo owners warned 'holiday rentals' less than 30 days risks fines, jail time

[Junkyarddog]

This makes perfectly good sense and I agree with this100 per cent. Proof that sometimes the government can get it right.

[HerbalEd]

That is going to do the Condo market a lot of good. I assume the Thai's complained and are losing money.

Not only Thai's complaining. Expat condo owners ... including me ... don't like having non-owners/strangers in and out of their condo building. People who rent a condo apartment for only a few days are often very inconsiderate of the peace & quiet of other people in residence, as they often party late and loudly. They don't care if they piss off the next door neighbor because they'll be gone in a few days anyway.

We've had a problem lately ... because of airbnb ... in my Bangkok condo building. Fortunately the condo management has posted signs prohibiting short-term rentals, and the condo owners association has voted to fine fellow condo owners who don't abide.

Edited July 2, 2016 by HerbalEd

[masuk]

As someone who is in a long term rental I support this. The residents where I live have to put up with transient people who having adopted the 'but I'm on holiday so it doesn't matter' mode show little consideration for others.

Drunks in the pool at 4 am are a pain in the backside- they can sleep in all day, we live 'normal lives. Screaming kids running around the pool all day can get on the nerves as well. One badly behaved child can hold an entire complex hostage

People initially bought the condos where I live on the premise that they would be for residents, not transients. Most have changed hands now, with those purchasing them as investment and income opportunities. This is what the Gov't is clamping down on and I see nothing wrong with it.

Some people will regard me as a misery guts for posting the above but hotels are there for a reason. This is my HOME not a holiday, why should I have it disrupted by people who would not behave the same way when they are HOME.

Its a factor people forget when they start bellyaching and all they can come up with 'well, if you don't like it...............'.

I don't understand you. If you don't want to be around people, what are you doing in a condo? You should have bought/rented a house outside the city, away from other houses. You shouldn't be upset about children being noisy etc. if you are living in a condo community.

DISAGREE! Condos are normally regulated by management and Security, CCTV keeps an eye on all areas. There is reasonable regulation of noisy tenants, types of pets, and embargoes on noisy repairs etc on weekends.

Move to a house and it's unregulated, noisy dogs, karaoke, parties, burning rubbish.

On the rare occasion where short termers have slipped in, I've seen them IN the pool, glasses in hand, bottles on the edge.

Condos are not perfect all the time, but as others have said, it's where we live, and let hotels handle the tourists.

[razer]

Awwww duck ... that's going to hit some money laundering burb dwellers. Well.... there's always HSBC.

[HerbalEd]

As a matter of principle, I cannot support laws that reduce property rights.

They should have made rentals inconvenient by registration, tax collection, etc. but banning private short term rentals is not compatible with ownership.

What about the rights of the other condo owners who have to suffer the loud partying short-time vacation renters ... while the renting owner does't because he/she isn't in the building? It's not only about "your" rights, it's also about your fellow condo neighbors rights. But, obviously you've never experienced loud condo renters ... otherwise you'd sing a different song here.

Edited July 2, 2016 by HerbalEd

[peterb17]

That is going to do the Condo market a lot of good. I assume the Thai's complained and are losing money.

Who cares about the condo market?

The whole concept of buying a condo for an investment or planning to rent it out on a daily basis is seriously flawed.

Most buy a condo as somewhere to live, or as an occasional holiday home.

Walking down the corridor to your home and hearing the screams and shouting from assorted girls, ladyboys and their clients is not so pleasant.

Good news .

[ozyjon]

As a long time owner/operator of home rentals, I support this new rule,

A common thread here but stop your selfish narrow minded vies and consider this.

The same / similar laws in the south of europe to fight Air B&B that have become

so popular for people to rent out their spare room or apartment, many governments

French, Spanish and Portuguese have clamped down and threatening heavy fines

to people who don't get licenses,,, the resulting outcome is,,,

to comply with government regulations, you have to get a license to rent your property

that is similar to that of a Hotel, then suddenly you have to comply to the same laws

as a Hotel, fire safety, many inspections, alarms but not domestic but industrial, as an

example, one of the laws is that fire detectors must be hard wired to the fire station BUT

if there is a false alarm eg, you burn your steak and the fire truck comes to your home,,

false alarm = € 1000 fine,,, so well and good you might say, serves them right.

What i'm seeing is the lack of these short term rentals resulting in people not having the

spare cash to pay condo maintenance / repairs and now many people are not paying

their strata fees resulting in no maintenance for lifts and pools and gardens, so watch

out you could be next. Your much loved condo could fall to disrepair and value plummet,

then who will you blame.

[cyberfarang]

So a friend want to hire it for 2 weeks not possible. Incredible but not surprising considering were we are.

You have no idea what you`re on about or what`s involved.

The people that live in these condos full time, pay their maintenance dues each year and are generally good residents, must be taken into consideration. People invest a lot of money into these homes and then don`t expect to suddenly find themselves living in a short time motel complex. I am also certain that residents renting out in these ways nullifies the block insurance policies that can have serious repercussions for the people living there. If it were me I would be pressing the managing agent to clamp down hard on condo owners that breach the terms of the lease and agreements.

[bri1guy]

I've always been renting a condotel room in jomtien for 2 - 3 weeks because arrive on 30day visa but spend 1 week in Bangkok doing business etc before & afterwards so how could a full 30days work when almost everybody doesn't stay a full month?

[elgordo38]

always something new to amuse here in LOS, not renting, my friend stay for free, how on earth could such a rule even be enforced

Its one of those flavor of the month issues. In the news today business as usual tomorrow. I would presume this is a nation wide law. In our condo here in Chiang Mai its daily weekly rentals what is your desire. B2B anything goes.

[laocowboy2]

So a friend want to hire it for 2 weeks not possible. Incredible but not surprising considering were we are.

Rental contract one month, halve the rate, cash up front. Sorted.,

[laocowboy2]

Lease for 30 days, halve rent so 15 days let sorted.

[natway09]

Actually, this is not "total nonsense" at all.

This argument has been around for 24 years & revolves around the "Hotel Bed Tax" which all hotels pay.

The Hotel Association reluctantly agreed to this tax on the basis this law was enacted to prevent apartments being used as hotels

which many are doing in Bangkok & do not pay this tax obviously.

There was talk some 10 years ago about extending the minimum rental period to 3 months for "apartments".

Such as Thailand is with Government Departments not wanting to work after 5pm nor weekends this & many other laws

get left to the BIB who just use as a new car deposit or are too busy to enforce.

Stricter controls on notifications to police by owners of foreigners staying in these establishments might one day get aligned with this rule

which would make it more difficult to circumvent. Around the corner from me is a very large apartment building renting out by the night

up to 40% of their rooms (where the developer has purchased rooms themselves) & the Juristic Committee is always getting

bombarded with complaints about the noise & lack of respect by daily or weekly renters along with not paying a premium on

outgoings which they should be

[Benmart]

As someone who is in a long term rental I support this. The residents where I live have to put up with transient people who having adopted the 'but I'm on holiday so it doesn't matter' mode show little consideration for others.

Drunks in the pool at 4 am are a pain in the backside- they can sleep in all day, we live 'normal lives. Screaming kids running around the pool all day can get on the nerves as well. One badly behaved child can hold an entire complex hostage

People initially bought the condos where I live on the premise that they would be for residents, not transients. Most have changed hands now, with those purchasing them as investment and income opportunities. This is what the Gov't is clamping down on and I see nothing wrong with it.

Some people will regard me as a misery guts for posting the above but hotels are there for a reason. This is my HOME not a holiday, why should I have it disrupted by people who would not behave the same way when they are HOME.

Its a factor people forget when they start bellyaching and all they can come up with 'well, if you don't like it...............'.

Well said my friend. When a person is not a stakeholder, their views are often diluted with indifference...that is, until their slumber or privacy are endangered.

[manarak]

As a matter of principle, I cannot support laws that reduce property rights.

They should have made rentals inconvenient by registration, tax collection, etc. but banning private short term rentals is not compatible with ownership.

What about the rights of the other condo owners who have to suffer the loud partying short-time vacation renters ... while the renting owner does't because he/she isn't in the building? It's not only about "your" rights, it's also about your fellow condo neighbors rights. But, obviously you've never experienced loud condo renters ... otherwise you'd sing a different song here.

Again, house rules are different. I fully support house rules and their enforcement, but I oppose general laws that burden everyone.

[Benmart]

As someone who is in a long term rental I support this. The residents where I live have to put up with transient people who having adopted the 'but I'm on holiday so it doesn't matter' mode show little consideration for others.

Drunks in the pool at 4 am are a pain in the backside- they can sleep in all day, we live 'normal lives. Screaming kids running around the pool all day can get on the nerves as well. One badly behaved child can hold an entire complex hostage

People initially bought the condos where I live on the premise that they would be for residents, not transients. Most have changed hands now, with those purchasing them as investment and income opportunities. This is what the Gov't is clamping down on and I see nothing wrong with it.

Some people will regard me as a misery guts for posting the above but hotels are there for a reason. This is my HOME not a holiday, why should I have it disrupted by people who would not behave the same way when they are HOME.

Its a factor people forget when they start bellyaching and all they can come up with 'well, if you don't like it...............'.

I don't understand you. If you don't want to be around people, what are you doing in a condo? You should have bought/rented a house outside the city, away from other houses. You shouldn't be upset about children being noisy etc. if you are living in a condo community.

If a person does or doesn't want to be around people, who am I to ask why? What a person "should have bought" seems to be the purchasers business, unless I pay their way. Should and shouldn't seem a poor choice of words, when directed to someone I have never met or have no influence over.

[dotpoom]

That is going to do the Condo market a lot of good. I assume the Thai's complained and are losing money.

I would imagine it's more like the hoteliers complaining. Thais will lose money too....they also own condos.

[luckyman]

As someone who is in a long term rental I support this. The residents where I live have to put up with transient people who having adopted the 'but I'm on holiday so it doesn't matter' mode show little consideration for others.

Drunks in the pool at 4 am are a pain in the backside- they can sleep in all day, we live 'normal lives. Screaming kids running around the pool all day can get on the nerves as well. One badly behaved child can hold an entire complex hostage

People initially bought the condos where I live on the premise that they would be for residents, not transients. Most have changed hands now, with those purchasing them as investment and income opportunities. This is what the Gov't is clamping down on and I see nothing wrong with it.

Some people will regard me as a misery guts for posting the above but hotels are there for a reason. This is my HOME not a holiday, why should I have it disrupted by people who would not behave the same way when they are HOME.

Its a factor people forget when they start bellyaching and all they can come up with 'well, if you don't like it...............'.

Fully agree, Psimbo and I support this too, when can they start enforcing this in Pattaya (where I am renting a condo on long term lease) and Hua Hin/Cha-am too ?

[Minnehaha]

what if you rent a girl who happens to come with the condo?

[carolineess1]

I am an, owner and rental agent of many non owned, properties in Portugal and have property in Thailand that is about to be rented out. There are a number of properties for holiday rental in that neighborhood and I totally agree that long term residents of a complex or neighborhood should not be subject to 'unruly' behavior of holiday makers. It is the responsibility of the owner - or his/her agent on their behalf - to ensure that the terms and conditions of such a rental include non detrimental/unsocial behavior clauses. And to enforce that if necessary. Only once in 12 years have I had to this by eviction. I fail to understand however why 30 days could be deemed as the cut off for such behavior. A group or family stay 29 days and potentially a disturbance? 30 days +, ok. I suspect this is being driven by lobbying of the hotel industry in Thailand. Occupancy rates are down despite the increase in tourist numbers so reliably reported by TAT. Those tourists paying the vast majority of their accommodation costs outside the Kingdom. Such tourists without a lot of interest in 'in-hotel' spending, which even in the largest and most high profile establishments, can make the difference between profit and loss. The better course of action in Thailand to be to regulate the privately rented sector. In terms of financial probity with the client, tax payments etc. With the dominance of sites such as Air BNB, Trip Advisor etc where anyone can stick their property up on line, without any upfront cost, and without any regard for quality, safety or tax compliance

[The manic]

My condo has had transients who have no commitment or long term investment. Badly behaved children, pool parties with techno, petty vandalism, rubbish left outside doors, loss of sense of community. This ruling gets my support.

[pattjock]

always something new to amuse here in LOS, not renting, my friend stay for free, how on earth could such a rule even be enforced

Its one of those flavor of the month issues. In the news today business as usual tomorrow. I would presume this is a nation wide law. In our condo here in Chiang Mai its daily weekly rentals what is your desire. B2B anything goes.

This law has been on the books for a long time, just not been common knowledge.

Now when it is out and people know about it I'm sure that many owners, that live in their own condo, will make sure that the other owners stick to this rule. Heavy fines and jail time should be good enough deterrant to put a stop to this short time rental practis. There are hotels and serviced appartments that cater for this business.

[ChoakMyDee]

As someone who is in a long term rental I support this. The residents where I live have to put up with transient people who having adopted the 'but I'm on holiday so it doesn't matter' mode show little consideration for others.

Drunks in the pool at 4 am are a pain in the backside- they can sleep in all day, we live 'normal lives. Screaming kids running around the pool all day can get on the nerves as well. One badly behaved child can hold an entire complex hostage

People initially bought the condos where I live on the premise that they would be for residents, not transients. Most have changed hands now, with those purchasing them as investment and income opportunities. This is what the Gov't is clamping down on and I see nothing wrong with it.

Some people will regard me as a misery guts for posting the above but hotels are there for a reason. This is my HOME not a holiday, why should I have it disrupted by people who would not behave the same way when they are HOME.

Its a factor people forget when they start bellyaching and all they can come up with 'well, if you don't like it...............'.

I don't understand you. If you don't want to be around people, what are you doing in a condo? You should have bought/rented a house outside the city, away from other houses. You shouldn't be upset about children being noisy etc. if you are living in a condo community.

If a person does or doesn't want to be around people, who am I to ask why? What a person "should have bought" seems to be the purchasers business, unless I pay their way. Should and shouldn't seem a poor choice of words, when directed to someone I have never met or have no influence over.

Unlike you, I have a pair of testicles and I can clearly state what someone should or shouldn't be doing. Someone who doesn't like noise should not be living close to other people. I had a friend back in farangland who rented an apartment near a bar...then he called the police every night complaining of the loud thump thump thump of the bass. He clearly should not have rented that apartment. Don't live in a condo if you don't like noise. Buy a piece of land on a rice farm in the middle of nowhere if you don't like people.

[Jackin1960]

So a friend want to hire it for 2 weeks not possible. Incredible but not surprising considering were we are.

If I had a friend who wanted to stop for two weeks I would take the cash in hand and have the (friend) understand that he is a guest saying with me (not that I would be there) and when he is leaving.

[swerver]

Wonder what happens if someone initially wants to rent for a month, then decides once they are here that they will instead stay only for two weeks as the two weeks coincide with their flight plans. How does that get enforced if the initial contract was for a month to comply with the hotels act?

How does the Law looks at it, the renter had bought a 2-week roundtrip airline ticket so s/he knew was going to stay only two weeks but to stay within the law rented for 1-month and then cancelled after two weeks, this may work once or twice but on a regular basis it flies up against the wall. The airline ticket gives them away that they're pulling a shenengan. Then the farangs come to Thailand an immediately start complaining about the BIBs. These are the same farangs that are pulling the same s@#$ in their own country with the Law.

[ironbark]

So where do airBNB rentals stand .... The website lists over 600 locations in Phuket Town and Patong alone?

Now that the hotel Lobby have had their knife in lets wait for the backlash from the apartment development industry lobby, not to mention the thousands of ordinary Thais who try to make a few dollars by renting out airBNB rooms followed by the inevitable govt backdown.

When will these guys learn about public consultation before they shoot themselves in the foot.

Edited July 2, 2016 by ironbark

[cyberfarang]

I am an, owner and rental agent of many non owned, properties in Portugal and have property in Thailand that is about to be rented out. There are a number of properties for holiday rental in that neighborhood and I totally agree that long term residents of a complex or neighborhood should not be subject to 'unruly' behavior of holiday makers. It is the responsibility of the owner - or his/her agent on their behalf - to ensure that the terms and conditions of such a rental include non detrimental/unsocial behavior clauses. And to enforce that if necessary. Only once in 12 years have I had to this by eviction. I fail to understand however why 30 days could be deemed as the cut off for such behavior. A group or family stay 29 days and potentially a disturbance? 30 days +, ok. I suspect this is being driven by lobbying of the hotel industry in Thailand. Occupancy rates are down despite the increase in tourist numbers so reliably reported by TAT. Those tourists paying the vast majority of their accommodation costs outside the Kingdom. Such tourists without a lot of interest in 'in-hotel' spending, which even in the largest and most high profile establishments, can make the difference between profit and loss. The better course of action in Thailand to be to regulate the privately rented sector. In terms of financial probity with the client, tax payments etc. With the dominance of sites such as Air BNB, Trip Advisor etc where anyone can stick their property up on line, without any upfront cost, and without any regard for quality, safety or tax compliance

It`s to do with the clauses of the block insurance policies and lease agreements. Official residential tenancy agreements are for a minimum of 30 days or sometimes 1 month and have to abide by the rules set for tenants, for people staying less then that are considered unauthorized occupants. Guests are people that stay in someone else`s home with the owners or tenants of the property present otherwise they are not guests but occupants. There is a world of difference between properties specially purpose built or converted for holiday lets and those built as residential homes.

If as you claim you are owner and rental agent of many properties, then I would had thought you should have known this.

[Lupatria]

“This type of operation may lead to loss of life and property"

Mr Wisith, what planet do you call home? To experience that you don't need to rent out or hire a condo on the island.

[elektrified]

Good news. Hopefully Chiang Mai will be next.

[DaveinAsia]

In a free market/democratic society it should be up to people themselves to decide who stays in their house and for how long and what they charge their guests. I guess some rich Thais who own hotels are hurting because of AirBnB so they make up a law to protect them. Of course it's annoying for long term renters/owners but that is not a reason to not allow it. Go and live in the countryside if you don't like strangers in 'your' pool.