You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 23, 2018

Thailand: Residential Property Leasing Businesses to Be Subject to Contract Controls

The Contract Committee of the Consumer Protection Board has issued a new notification under the Consumer Protection Act designating the lease of residential property as a “contract-controlled business.”

The Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018) (the “Notification”), published on February 16, 2018, imposes a number of important requirements and restrictions on residential lease contracts that will come into effect on May 1, 2018.

Some of the most significant new requirements under the Notification are detailed below.

  • Residential lease agreements must include a version in Thai and contain certain details required under the Notification.
  • Details of the physical condition of the property and its contents, inspected and acknowledged by the lessee, must be attached to the lease agreement.
  • 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. 
  • 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.
  • 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. 

Clauses with the following effects will be unlawful under the Notification:

  • Waiving or limiting the business operator’s liability for breach of agreement or wrongful acts;
  • Requiring advance rental fees equivalent to more than one-month’s rent;
  • Entitling the business operator to change the rental fees, public utilities fees, service fees, or any other expenses before the end of the agreement;
  • Requiring a security deposit equivalent to more than one-month’s rental fee;
  • Allowing confiscation of the security deposit or advance rental fee;
  • Any stipulation of electricity and water supply fees exceeding the rates specified by the relevant authorities; and
  • Any term allowing the business operator to terminate the agreement early other than for a material breach of the lease agreement by the lessee.

The Notification applies to business operators that lease (or sublease) five units of property or more to individual lessees, for residential purposes, regardless of whether or not the units are in the same building. Property includes any accommodation, house, condominium unit, apartment, or other property leased for residential purposes, excluding dormitories and hotels which are regulated under a separate regime.

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 THB 100,000 (section 57 of the Consumer Protection Act).

These represent only the most significant changes which will affect residential lease contracts in Thailand—a more detailed breakdown is available here.

RELATED INSIGHTS​ 

January 5, 2024
Thailand has opted to continue its reduction of rates for the sale and mortgage of certain types of properties to Thai individuals, as detailed in two ministerial regulations issued by the Ministry of Interior dated December 28, 2023, and published in the Government Gazette on January 2, 2024. In recent years, Thailand has allowed a reduction of the government fees for registering the sale and mortgage to Thai individuals of detached houses, semidetached houses, row houses, commercial buildings, the accompanying land, and condominium units with a sale price, official assessed value, and mortgage amount of up to THB 3 million. The reduced rates for these government fees are as follows: Sale: 1% of the officially assessed value (reduced from the normal rate of 2%). Mortgage: 0.01% of the mortgage amount (reduced from the normal rate of 1%). To be eligible for the reduced mortgage registration rate of 0.01%, both the sale and mortgage must be registered at the same time. These reduced rates will be valid until December 31, 2024. For more details on the reduced fees, or on any aspect of property law in Thailand, please contact Chaiwat Keratisuthisathorn at [email protected].
December 15, 2023
As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.
December 8, 2023
Thailand’s Ministry of Interior has extended the deadlines for payment of the 2024 land and building tax and related procedures by two months. The announcement was published in the Government Gazette on November 30, 2023. According to the new timeline in the ministry’s announcement, the official land and building tax assessment forms will be sent to taxpayers by the end of April 2024 (extended from February 2024) while the deadline for payment of land and building tax has been extended to June 30, 2024 (from April 30, 2024). For payments made in installments, the announcement also extended the deadline for each installment as follows: For more details on these measures, or any aspect of Thailand’s land and building tax, please contact Chaiwat Keratisuthisathorn at [email protected] or Supranee Arjjit at [email protected].
November 13, 2023
On November 6, 2023, Thailand’s Department of Lands issued a circular letter clarifying that the use of units in condominium buildings for hotel business operations is not allowed. Circular Letter No. Mor Tor 0517.3/Wor 23302, which was sent to all provincial governors in Thailand, explains this by emphasizing that although the Condominium Act (No. 4) B.E. 2551 (2008) rules that some condominium units can be used for commercial operations purposes, the term “commercial operations” does not include hotel business operations. This is in accordance with the Condominium Act’s primary aim of safeguarding the rights of condominium unit owners for residential purposes rather than for the purpose of commercial or hotel business operations. The circular letter also references Opinion of the Council of State No. 710/2550, which specifies that the commercial operations allowed under the Condominium Act are those providing services to the co-owners of a condominium building (e.g., convenience stores and restaurants) and further specifies that these commercial condominium unit areas must have separate exits and entrances that do not disturb the residents of the condominium building. In light of these considerations, using a condominium building for hotel business operations is not permissible, regardless of whether consent is obtained from the co-owners of the condominium building or whether the condominium building’s purpose is changed from residential to hotel purposes (whether in whole or in part). To use a condominium building for hotel business operations, the building owner would have to first cancel the condominium building’s registration under the Condominium Act so that it is no longer regarded as a condominium building. Then it can be used for hotel business operations, provided that the building and business operator comply with the requirements under the hotel law and other relevant laws and regulations (e.g., Building Control Act, Town and Country Planning