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Tenants and landlords. Things change from today.

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Tenants and landlords. Things change from today. | The Thaiger
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If you rent property in Thailand there are new guidelines for tenants and landlords that come into effect from today. Mostly good news but there are a few exceptions that you will need to be aware of. The days of the unscrupulous landlord may be partly over.

With thanks to Thailandproperty.news and Tilleke & Gibbons, leading south east asian lawyers, here’s a quick breakdown, in English, of the main points.

Under the new laws residential property landlords will be required to adhere to a new set of terms and conditions that ensures rogue practices are eradicated and that tenants are not victims of unfair contracts.

The new laws, which were published in the Government Gazette on February 16, helps to remove many of the contentious scenarios or ‘grey areas’ which can often be disputed between a landlord and tenant.

One of the most significant points is that landlords will no longer be able to ask for more than one month rent and one month security deposit up front.

Additionally, a tenant now has the right to terminate their contract at any time, providing they give 30 days written notice to the landlord.

Landlords can not add extra charges on top of standard utility bills, protecting tenants from paying more for water and electric than they actually costs.

Landlords can no longer prevent access to the property or seize belongings should the tenant default on rent.

Landlords are also prohibited from inspecting a property without prior notice and they are also prohibited from charging a fee to renew a rental contract.

A landlord must return security deposit within seven days.

The new laws apply all residential property, including houses, condominium units and apartments.

According to Thailandproperty.news, the new laws represent major changes to Thailand’s property sector.

But it’s not all good news.

The new laws only apply to landlords who own five or more properties.

Landlords who lease or sublease five or more properties, regardless of whether they are in the same building are now defined as a “residential property leasing business”, Thailandproperty.news reported.

The Notification imposes the following requirements:

1. Residential lease agreements must include a version in Thai and must contain the following details:
a) Name and address of the business operator and its authorised person;
B) Name and address of the lessee;
c) Name and location of the property;
d) Details of the property’s physical condition, including any items and equipment in the property;
e) Term of the lease specifying its commencement date and expiration date;
f) Rental fee rates and due dates for payment;
g) Public utility fee rates and due dates for payment;
h) Service fee rates, which must be reasonable and at the actual cost paid for the services, and due dates for payment;
i) Other fees and expenses (if any), which must be reasonable and at the actual cost paid, and due dates for payment; and
j) Amount of security deposit.

2. Invoices for the fees in items (f)-(i) above must be sent to the lessee at least seven days before their due dates, and the lessee will have the right to check information related to the payments shown in the invoices.

3. Details of the physical condition of the property and equipment (if any), inspected and acknowledged by the lessee, must be attached to the lease agreement, and a duplicate must be delivered to the lessee.

4. The security deposit must be immediately returned to the lessee at the end of the agreement, unless the business operator has to investigate any damage to ascertain whether or not it is the responsibility of the lessee. If the lessee is found not to have caused such damage, the security deposit must be returned within seven days from the end of the agreement and the business operator retaking possession of the property. The business operator is also responsible for any expenses incurred in returning the security deposit to the lessee.

5. The lessee has the right to terminate the lease agreement early provided that at least 30 days’ advance written notice is given to the business operator.

6. Any material breach for which the business operator can terminate the agreement must be clearly written in red, bold, or italic font. The business operator can only terminate the agreement if written notice has been given to the lessee to rectify the breach within 30 days of receipt and the lessee fails to do so.

7. The agreement must be made in duplicate, one of which must be given to the lessee immediately upon execution.

Under section 35 of the Consumer Protection Act, any residential lease agreement which does not contain the required terms above shall be interpreted to include them as implied Terms.

Residential lease agreements must not contain:

1. Any waiver or limitation of the business operator’s liability from its breach of agreement or wrongful acts;

2. Any advance rental fee equivalent to more than one-month’s rent;

3. Any term allowing the business operator to change the rental fees, public utilities fees, service fees, or any other expenses before the end of the agreement;

4. Any security deposit of more than one-month’s rental fee;

5. Any term allowing the business operator to confiscate the security deposit or advance rental fee;

6. Any term allowing the business operator or its representatives to inspect the property without prior notice;

7. Any stipulation of electricity and water supply fees exceeding the rates specified by the relevant authorities; 8. Any term allowing the business operator to prevent or obstruct the lessee’s access to the property to seize or remove the lessee’s belongings if the lessee defaults on rental fees or other expenses related to the lease of the property;

9. Any term allowing the business operator to request any fee or expense for renewing the lease;

10. Any term allowing the business operator to terminate the agreement early other than for a material breach of the lease agreement by the lessee;

11. Any term making the lessee liable for damages incurred due to ordinary wear and tear from usage of the property’s contents and equipment;

12. Any term making the lessee liable for damage to the property, contents, and equipment that was not the lessee’s fault and in force majeure situations; and

13. Any term making the lessee liable for defects to the property, contents, and equipment incurred due to ordinary wear and tear through usage.

Under section 35 quarter of the Consumer Protection Act, a residential lease agreement that includes any of the prohibited terms above shall be interpreted as not including them.

Any business operator who fails to meet the above requirements may be subject to imprisonment not exceeding one year and/or a fine not exceeding 100,000 baht (section 57 of the Consumer Protection Act).

SOURCE: ThaiVisa.com

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Thailand

Government in control of Mor Chana app, says user data will be kept private

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Government in control of Mor Chana app, says user data will be kept private | The Thaiger
PHOTO: Thai PBS World

The Thai government is taking full control of the Mor Chana application, which is used to trace Covid-19 infections and alert users if they are in a high risk area. The Digital Economy and Society Minister says the government will still be working closely with the app developers, adding that users can be assured that their data will be kept private.

The Mor Chana Volunteer Team, the app developer, made a post on their Facebook page saying the Mor Chana contact tracing application will be 100% under government management and control from now. The team will be responsible only for the open source programme development. The post has prompted public comments about the reason behind the application handover to the government.

Minister Buddhipongse Punnakanta says the government will take full responsibility for the application management and control measures, but the collaboration with the app developers will continue. The developer team’s announcement is just to inform the public about the app.

He also says some app functions will be redesigned and adjusted to be more friendly to use and won’t violate users’ data privacy. Personal information such as users’ names and mobile numbers for registration won’t be required anymore.

SOURCE: Post Today

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Thailand

Thailand News Today | Weekend Bangkok bombs, Thailand fires, Covid update | January 18

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Thailand News Today | Weekend Bangkok bombs, Thailand fires, Covid update | January 18 | The Thaiger

369 new Covid-19 cases were reported today during the daily briefing. Most cases were detected in Samut Sakhon in a mass testing campaign. Thailand currently has 3,147 active Covid-19 cases under treatment and investigation.

12,423 infections have now been detected since the start of 2020 – 8,186 of them reported since December 20 last year… just a month back.

12 of today’s newly announced cases were detected in quarantine from people arriving from overseas.

Police say they will issue arrest warrants for at least 2 people in connection to Saturday’s bomb attack near the Chamchuri Shopping Centre and Sam Yan MRT, just a few hundred metres from Lumphini park.

The people are suspected of throwing a ping pong bomb into a group of police officers, njuring 3 policemen and 1 reporter. Metropolitan police say the perpetrators threw the bomb from a vehicle as they were travelling over the flyover. Police found nails, wire and black electrical tape at the scene of the modest explosion.

The attack occurred at 6pm on Saturday, during a pro-democracy rally over the government’s enforcement of the lesé majeste law, which has seen over 43 people arrested, including students, since last November. Just last week, a Thammasat University student was arrested in his dorm room over lese majeste charges.

It might be a while until tourists can visit Australia, or Australians travel overseas. The Australian government has announced that borders might not reopen until at least 2022. Australia is rolling out its local immunisation program next month, but even if most of the population is vaccinated against Covid-19, the Australian government says it will probably wait to make sure the vaccine prevents the transmission of the virus before fully reopening borders.

Australia’s borders are only open for citizens, residents, those with family in Australia and travellers who have been in New Zealand for the previous 14 days. All incoming travellers must quarantine for 14 days unless they come from an area classified as a “green safe travel zone.”

The government announced today…. Already airlines have indicated that if you’re not vaccinated you can’t travel overseas and I think that’ll be an incentive to a lot of people. Looks like I’ll be chatting to family over Zoom for another year.

Thailand is on fire. The burning off of harvested crop plantations is lighting up the agricultural areas. The truth is starkly revealed in this live NASA satellite feed which tracks the fires around the world.

The website Firms.Modaps, shows the concentrations of the current fires around Central Thailand, north of Bangkok, parts of Isaan, north east of Bangkok, and around Chiang Mai in Northern Thailand.

Notably the concentration of fires in northern Cambodia and across the north-western border in Myanmar, is also causing plenty of problems as the foreign smoke drifts across the borders. No matter what Thai officials do to enforce the rice, sugar and corn plantation burn-offs, there is little they can do about the haze drifting across the borders.

Bangkok, so close to clusters of fires, is in for bad air pollution this week, or anytime the light winds of the start of the year blow from the north or the east. The lack of rain adds to the problem, the annual problem, that engulfs Thailand’s capital during days between December and April, with the worst month, statistically, being March.

Chiang Mai also has a local geographic problem which exacerbates the bad smoke pollution. The city is in a valley, surrounded by hills, trapping in the smoke and helping block any breezes that could otherwise blow it away.

A 44 year old Australian man is wanted by Thai police for allegedly sexually abusing children in Thailand. Mr Adam Fox financially supported some migrant children in poverty stricken areas and allegedly sexually abused them.

He is wanted for allegedly sexually assaulting or abusing at least 3 Burmese boys, all under 15 years old, at his home in Tak’s Mae Sot district near the Myanmar border.

According to the Sydney Morning Herald, Adam has claimed the accusations are a “set up.” The Herald notes there is an explicit video allegedly involving Mr. Fox and a boy, as well as messages that go into detail about sexual abuse.

Reports of alleged sexual abuse came in after a local school principal noticed some of the boys had been absent from class, according to human trafficking investigator Daniel Isherwood.

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Visitors to Phuket from “highest risk” areas must show Covid-19 test results

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Visitors to Phuket from “highest risk” areas must show Covid-19 test results | The Thaiger
PHOTO: Chiang Rai Times

People arriving Phuket from the “highest risk” areas are required to take a swab test by the staff at emergency operation centres (EOC) or show the test result document endorsed by the EOC staff made within 72 hours of their arrival. The revised order is effective from now until January 31, according to the Phuket Governor.

Those people who are on a brief business trip to Phuket need to show certificates from their employers describing the reason and necessity of their trips. If they want to leave their accommodations, they have to make a request to the EOC and clearly explain the reason as well as the time and destination. Visitors are also asked to avoid going to the community areas to avoid crowded gatherings.

It is noted that the revised order by the governor has not been officially promoted by the Phuket office of the Public Relations Department. However, all visitors are still asked to register online via the Mor Chana contact tracing application and via www.gophuget.com according to the order re-issued on Friday.

SOURCE: Phuket News

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