AWOL issue 386

Page 1

Your free weekly newspaper since 2008 Page 3

issue 3 86 15th July 2016

Local Sports Weather Classifieds Too Good to Hurry

breaking the law? potential problem for landlords

hua hin, THAILAND Some of our readers will be aware of a news story from Phuket about legal issues surrounding the renting out of properties, and notably periods under 30 days. We have consulted our friends and advertisers at Legal Services Hua Hin to try and clarify the situation for property owners in Hua Hin. Essentially it is illegal to rent any property out for a period of less than 30 days unless you have a hotel or guesthouse licence. Renting properties out for longer than 30 days is permitted, but if the owner of the property is a foreigner, the legal situation is less clear; some reports have suggested that in this case the foreigner requires a work permit, but Legal Services Hua Hin have said that a guaranteed solution is to transfer the ownership of the property either into a Thai’s name, such as a wife or children, or into a Thai company name. However they added that anyone in this type of situation should consult a lawyer before taking any action, as individual circumstances may change how this can be handled. While the authorities in Hua Hin have not, as far as we can ascertain, taken any action regarding this issue so far, it seems likely that the understandable pressure from the hotel industry regarding sub-30 day rentals will lead to investigations and possible action in the future, and we would advise any condo owner in particular to seek advice for their situation. It is clear that the situation in Phuket is at least partly driven because the hotels there are reportedly suffering a drop in turnover, but the law governing the rental of property has been established for many years, so we believe it would be wise for anybody to make sure that they aren’t at risk of falling foul of this law. Hua Hin Legal Services can be found next to the Makro in Soi 4, and can be contacted by calling 084 881 8396, or via their website, legalserviceshuahin.com.

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