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Court decides: AirBnB illegal in Thailand for daily and weekly rental

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On 6/8/2018 at 6:16 PM, dabhand said:

Looks like AirBnB is also having a few problems in Japan.

 

https://www.bbc.com/news/business-44409187

Hosts in Japan are required to register their listing and display their licence number by 15 June to remain active.

I've been affected by this, having booked two Airbnbs in Japan next month; one has the license, the other is pending.

 

Why can't Thailand do something like this? If the rental is against condominium rules they cannot get a license. If the premises isn't u to standard then ditto. They can then enforce the guest registration and ensure taxes are paid. 

 

On a different issue, I received the following from Expedia yesterday:

 

Recently, we have heard about how hotels in top tourist destinations, such as Chiang Mai and Krabi, have been visited by authorities for a hotel license check. This led to many hotels having to close down their businesses for an uncertain period of time. To make sure we take necessary actions, please update your hotel license status in the link below. If you're one of the hotels at risk, please refer to the steps below as a checklist your required actions. 
 

They have requested that any premises without the appropriate licence closes out their rooms with immediate effect. Expedia also run the Airbnb rival Homeaway. I have no idea if those listers received a similar mail.

 

So even the big boys are worried about the implications of what's happening in Thailand. Our place has a license from the Tessabaan, and we were inspected yesterday for the first time in maybe ten years; an inspection that can't have taken more than five minutes. We're also registered with the Phuket OrBorJor and pay room tax so I've stated we're licensed. I haven't a clue if this is sufficient, however, nor do any other local business owners! 

 

I wonder if Booking.com, Agoda and the rest will follow suit.

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On 6/14/2018 at 10:31 AM, madmitch said:

I've been affected by this, having booked two Airbnbs in Japan next month; one has the license, the other is pending.

 

Why can't Thailand do something like this? If the rental is against condominium rules they cannot get a license. If the premises isn't u to standard then ditto. They can then enforce the guest registration and ensure taxes are paid. 

 

On a different issue, I received the following from Expedia yesterday:

 

Recently, we have heard about how hotels in top tourist destinations, such as Chiang Mai and Krabi, have been visited by authorities for a hotel license check. This led to many hotels having to close down their businesses for an uncertain period of time. To make sure we take necessary actions, please update your hotel license status in the link below. If you're one of the hotels at risk, please refer to the steps below as a checklist your required actions. 
 

They have requested that any premises without the appropriate licence closes out their rooms with immediate effect. Expedia also run the Airbnb rival Homeaway. I have no idea if those listers received a similar mail.

 

So even the big boys are worried about the implications of what's happening in Thailand. Our place has a license from the Tessabaan, and we were inspected yesterday for the first time in maybe ten years; an inspection that can't have taken more than five minutes. We're also registered with the Phuket OrBorJor and pay room tax so I've stated we're licensed. I haven't a clue if this is sufficient, however, nor do any other local business owners! 

 

I wonder if Booking.com, Agoda and the rest will follow suit.

One of the big issues is that small guesthouse type hotels often (usually) are unable to obtain a license because of regulations that do not apply to their particular situation or are impossibly to comply with such as having 30% open space in their storefront (or something like that, as best as I understood one owner's explanation). 

So THE question becomes: Is this to provide health and safety to consumers, or to provide protection to big operators against competition?

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On ‎6‎/‎14‎/‎2018 at 10:31 AM, madmitch said:

I've been affected by this, having booked two Airbnbs in Japan next month; one has the license, the other is pending.

 

Why can't Thailand do something like this? If the rental is against condominium rules they cannot get a license. If the premises isn't u to standard then ditto. They can then enforce the guest registration and ensure taxes are paid. 

 

On a different issue, I received the following from Expedia yesterday:

 

Recently, we have heard about how hotels in top tourist destinations, such as Chiang Mai and Krabi, have been visited by authorities for a hotel license check. This led to many hotels having to close down their businesses for an uncertain period of time. To make sure we take necessary actions, please update your hotel license status in the link below. If you're one of the hotels at risk, please refer to the steps below as a checklist your required actions. 
 

They have requested that any premises without the appropriate licence closes out their rooms with immediate effect. Expedia also run the Airbnb rival Homeaway. I have no idea if those listers received a similar mail.

 

So even the big boys are worried about the implications of what's happening in Thailand. Our place has a license from the Tessabaan, and we were inspected yesterday for the first time in maybe ten years; an inspection that can't have taken more than five minutes. We're also registered with the Phuket OrBorJor and pay room tax so I've stated we're licensed. I haven't a clue if this is sufficient, however, nor do any other local business owners! 

 

I wonder if Booking.com, Agoda and the rest will follow suit.

Emails from Expedia, Airbnb, Agoda, Booking.com and others are not manually generated. They would go out simultaneously to all hosts. Some of these have regional offices here in LOS. We use these sites under different email addresses and receive communications at the same time on all of our addresses. We have received no notification such as you describe. Please include the entire email.

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Can someone please confirm definitively, that these rules apply to condos and not private houses?  Due to ill health I may have to postpone plans to live in Thailand long term and thought I might rent my house out.  I could let it long term as there is a large international school nearby but being in an area that is popular with Thai tourists, it may be more profitable to rent it short term to tourists.

 

I realise that I'd need someone to look after the place and conduct handovers to renters but I think I can arrange that.  What I don't want to do is break the law. Maybe I should ask at my local land office?

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Can someone please confirm definitively, that these rules apply to condos and not private houses?  Due to ill health I may have to postpone plans to live in Thailand long term and thought I might rent my house out.  I could let it long term as there is a large international school nearby but being in an area that is popular with Thai tourists, it may be more profitable to rent it short term to tourists.
 
I realise that I'd need someone to look after the place and conduct handovers to renters but I think I can arrange that.  What I don't want to do is break the law. Maybe I should ask at my local land office?
You should ask at your local District Office not City Hall. You can request an inspection. One of our members was told that they had to obtain a Hotel Licence to rent their house/villa on a daily basis. Not possible due to the numerous changes and costs involved. Now CLOSED for business.

Sent from my SM-G925F using Thailand Forum - Thaivisa mobile app

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Posted (edited)

How about finding a hotel already with a licence to act as your agent.  

Sorted. Unless the licence is address specific. 

Edited by stud858

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1 minute ago, stud858 said:

How about finding a hotel already with a licence to act as your agent.  

Sorted. 

It is the building that doesn't conform. Think the cops are dumb enough to buy into your 4 room guesthouse over a gogo as part of the Hilton chain!

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10 minutes ago, JAZZDOG said:

It is the building that doesn't conform. Think the cops are dumb enough to buy into your 4 room guesthouse over a gogo as part of the Hilton chain!

If a contract is written to rent the four rooms on a 1 year contract to a hotel And the hotel uses these rooms under its licence to rent short term then this is the type of law dodging that is sometimes allowed. Like buying land by a foreigner under a Thai company. I wouldnt try either dodging method myself but legally it's interesting to see how illegal can become legal with a tweak.

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From the article:

 

"Truly, the fate of the Airbnb and daily rental business in Thailand will depend on the condo juristic person committee and the condo juristic person manager and how serious these condo management people will enforce the rules and the law. The reality is condo managements in general are reluctant to take on the violation and will act half-heartedly in a subdued manner when receiving complaints from other co-owners who live in the condo peacefully without doing the business. The net result will be
Airbnb and the daily rental business will keep growing in prosperity despite the two court cases."

 

Noting to worry about then.

 

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52 minutes ago, balo said:

From the article:

 

"Truly, the fate of the Airbnb and daily rental business in Thailand will depend on the condo juristic person committee and the condo juristic person manager and how serious these condo management people will enforce the rules and the law. The reality is condo managements in general are reluctant to take on the violation and will act half-heartedly in a subdued manner when receiving complaints from other co-owners who live in the condo peacefully without doing the business. The net result will be
Airbnb and the daily rental business will keep growing in prosperity despite the two court cases."

 

Noting to worry about then.

 

I disagree I believe they will make concessions for most hotels but the condo short term is doomed. Too many bitter condo dwellers are applying pressure and the law is strictly on their side from several fronts. The days of dropping off a horde of Chinese are numbered. I don't have a dog in the hunt, just MHO.

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BANGKOK 15 August 2018 13:40
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