New regulations governing leases goes into effect 01 May .. substantially restricts landlords and contract terms.

 

 

https://www.bangkokpost.com/news/general/1450642/landlords-kick-up-fuss-over-new-regulations

Landlords kick up fuss over new regulations

·         23 Apr 2018 at 04:30 2,261 viewed4 comments

·         NEWSPAPER SECTION: NEWS | WRITER: ANCHALEE KONGRUT

 

Beginning May 1, landlords will be barred from collecting more than one month's rent in advance, or from charging above state-provided prices for utilities. (Photo via Hipflat.co.th)

The owners of condominiums and houses renting their assets to tenants say the authorities did not properly inform them when making new leasing regulations that will take effect on May 1.

The regulations, drawn up by the Office of the Consumers' Protection Board, were announced in the Royal Gazette on Feb 16. The changes have created widespread panic among property owners, who say the regulations will make it harder for them to handle unscrupulous tenants.

This organic law covers owners of condominiums and houses renting more than five rooms to individual tenants. It will not cover dormitories or hotels.

The organic law prohibits owners from asking for more than one month's rent as a deposit and one month deposit to cover damage to chattels.

The owner is also prohibited from collecting electricity fees or water charges exceeding those of the state utility.

Tenants are allowed to terminate the lease agreement prior to the contract expiry, on condition they give a month's notice.

The law prevents owners from confiscating or moving the tenant's personal belongings even if he or she has not paid the rent or related service fees.

"The regulation is lopsided in favour of tenants. Property owners were not given a chance to raise their concerns. Now building owners wonder how they can deal with tenants who hop around and break the contract and leave without paying outstanding utility fees," said one property owner who asked not to be named.

The owner questioned the way the regulation was drafted. "Owners learned from information posted in social media in February. Why didn't the authority run a better PR campaign to let us know about public hearings? We learned later that the authority provided details of law at the consumers' protection board's website. In reality, who checks this website regularly?" said the owner.

A tenant named Chompoo Salilda wrote on Deeka na Sonjai (Interesting Decree), a popular Facebook page dedicated to the law, that law drafters should have listened to information from all sides and made a bigger effort to get stakeholders to join a public hearing.

"Residential leasing is becoming a big business in the country. Every law and regulation will affect people one way or another, and a law which is lopsided will lead to more severe impacts."

Surachet Kongcheep, a property analyst, said the regulations will help low-income tenants meet their rental bills but would have a negative effect on apartments and residential renting in general.

The regulations were written after a consumer protection board meeting on Dec 27.

Pikanet Tapuang, deputy secretary-general of the board, said that the office last year received 520 complaints from tenants, 213 of which were about getting deposits returned, 26 about the owner over-charging for damage, and the rest concerning contract violations.

 

http://www.nationmultimedia.com/detail/national/30346427

Landlords petition Prayut to kill new tenant protections May 28, 2018 By The Nation
Business operators on Monday urged Prime Minister Prayut Chan-o-cha to cancel a Consumer Protection Board measure implemented on May 1 to protect customers from being overcharged on utility fees by hostels, apartments or rented rooms in residential buildings.

Another measure prohibits landlords from removing the belongings of a tenant alleged to have breached a rental contract and to instead take the matter to court.

The new regulations cause them a financial burden, the 60-strong business group pleaded, as they filed a petition to the premier at the Public Service Centre in Government House.

It was impractical to follow the new requirement to charge no more then the electricity and tap-water fees charged by the authorities to the business, they said, because an individual apartment’s monthly bill cycle date might not match the dates on the bill from power and water authorities.

If they abided by the new rule, landlords would carry this burden, they said. And so they could not adhere to the new regulation and would risk punishment, they said.

A new rule allowing tenants to cancel a rental contract before an agreed period without consequence, would affect the landlords' business and marketing planning, and create additional room-repairing costs whenever a tenant left prematurely, they said.

Another new rule prohibiting landlords from cancelling a rental contract without giving the tenant a 30-day advance notice also “overly protects” tenants who had disturbed others or broken the law from being evicted, said the petitioners.

The group's leader Ratchata Tantiwittayakul said the board had also failed to seek prior input or ask for cooperation from the businesses most affected before implementation.

She said a new announcement on the matter should be made and reflect the input of owners of room-rental businesses.

On 28/05/2018 at 13:59, Taa_Saparot said:

It was impractical to follow the new requirement to charge no more then the electricity and tap-water fees charged by the authorities to the business, they said, because an individual apartment’s monthly bill cycle date might not match the dates on the bill from power and water authorities.

Are they really as stupid as they appear to be? Seems impossible.

Its a pea and thimble trick. I prefer houses rather than a condo because I have an attack Poodle. Show them last months electric bill and water bill and offer them prorata. They will probably take it. You will when moving use less electricity if you are disconnecting tvs , fridges, not using aircon and fans etc. You will use more water if you clean it properly.The savings on electicity will far outweigh the water cost. We have to nove some time in July and I will report back what leases we are offerred and whether anyone listens to the Government. Our current landlord is a top bloke but wants to sell and I imagine if I offer him prorata utilities he will take it. He has to fix the roof so doesn't want tenants which is fair enough and then will sell it.