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BANGKOK 20 October 2018 22:43
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Court decides: AirBnB illegal in Thailand for daily and weekly rental

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Ah competition ! Something the Thais don’t like


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I cannot see how this will ever be enforced.

 

I live in a relatively high level condo off Sukhumvit. They have signs in the lobby and the lifts saying daily and weekly rentals are not allowed, yet there are numerous rooms being rented out on Air BnB. 

 

I got chatting to a guy in the gym not long ago who was staying with his bird and their friends and they were renting out three rooms in the building through Air Bnb for 5 days. 

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3 minutes ago, crazykopite said:

Illegal for all or just Farangs !  it’s like the electricity charges here where I live the Thais are charging between 6 and 10 baht per KW used  yet a law was passed earlier this year stating electricity charges should be charged as per PEA pricing but it appears no one is taking any notice. 

There's always one! 

 

It doesn't say anywhere but I'd guess the Court decision relates to Thais.

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17 hours ago, MaxLee said:

First UBER and now AirBnB...... 

Whatever next? Farangs?

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Posted (edited)

None of this is new, its always been illegal to do short-term rental unless you are hotel and there have been many reports of people being charged with illegal hotel etc. 

The court case is just someone challenging the existing law, and they lost.

 

 

Edited by Peterw42
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I have a number of comments:

 

According to Maestro, the attached document is not the original Court decision. Without this, or a translation for most on here, including me,  we don't actually know the basis of the ruling. I note there is no mention of Airbnb in the document. We don't know if it relates to condo-owners that in breach of their terms and conditions or also house-owners. Does the illegality refer to the letting out of rooms on a short-term basis per se or does the ruling take into account the fact that it's a breach of the condominium terms and conditions?

 

Airbnb in itself cannot be illegal. They are only selling a product that they do not own, in the same way as Booking.com, Agoda and many others, not to forget Lazada and Alibaba. In fact many guesthouse and hotel owners use Airbnb as a channel for selling their rooms. The aforementioned online agents, together with Expedia, also offer more and more apartments on their websites. 

 

Illegal in Thailand is not the same as illegal in many other countries! The authorities are forever commenting on the number of illegal hotels in operation in Thailand but what's done about it? Not very much, just the odd token raid closing three or four of the many thousands of unlicensed hotels. Will this ruling stop Airbnb users?

 

Last year I used Airbnb to rent in Japan. It's a great option for expensive cities. At the time, it was illegal in Japan to rent on a short term basis. The owners were quite discreet about it, asking me not to put the address on the arrival card, not interacting with the security or reception staff. This ruling has now been changed in many Japanese cities as they probably realised they were fighting a battle they weren't going to win. And this is in a country where the law is enforced rather more strongly than Thailand.

 

Many people run proper Airbnb businesses, owning several condos and renting them out. They're not just going to allow their businesses to die. I don't think the threat of a 5,000 baht fine plus 500 baht for a probably arbitrary number of occupancy days will be scaring them just yet.

 

As someone stated, Thailand does not use precedents in its legal system. One Court decision does not influence another (brown envelopes are used instead). It's early days.

 

 

 

 

 

 

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Posted (edited)
7 minutes ago, madmitch said:

This ruling has now been changed in many Japanese cities as they probably realised they were fighting a battle they weren't going to win. And this is in a country where the law is enforced rather more strongly than Thailand.

 

This ruling can be challenged, but every building has the right to ban AirBnb and short term rentals. I know in Toronto short term rentals are allowed, but in my building and many others downtown rentals under 6 months are not allowed. Hence the guests are stuck staying in houses, shared rooms, ghettos and undesirable locations.

Edited by theguyfromanotherforum

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Just now, theguyfromanotherforum said:

 

This ruling can be challenged, but every building has the right to ban AirBnb and short term rentals. I know in Toronto short term rentals are allowed, but in my building and many others downtown rentals under 6 months are not allowed. Hence the guests are stuck staying in houses, shared rooms, ghettos and undesirable locations.

Of course. You agree to the condominium terms and conditions and whatever the rules in general, they would take precedence.

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31 minutes ago, BobbyL said:

I cannot see how this will ever be enforced.

 

I live in a relatively high level condo off Sukhumvit. They have signs in the lobby and the lifts saying daily and weekly rentals are not allowed, yet there are numerous rooms being rented out on Air BnB. 

 

I got chatting to a guy in the gym not long ago who was staying with his bird and their friends and they were renting out three rooms in the building through Air Bnb for 5 days. 

 

Depends if they try and enforce it - not exactly rocket science for one of the many enforcement agencies here to turn up at a condo and then check ab&b for rooms for rent in it.

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By the same argument, they should be closing down thousands of the unlicensed guest houses and small hotels throughout Thailand that do not have a hotel license issued and provide the same daily/weekly service.

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40 minutes ago, BobbyL said:

I cannot see how this will ever be enforced.

its already being enforced, if you read the thread below.

 

"The arrest was the result of a sting with an officer posing as a client."

 

 

 

 

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8 minutes ago, IamNoone88 said:

By the same argument, they should be closing down thousands of the unlicensed guest houses and small hotels throughout Thailand that do not have a hotel license issued and provide the same daily/weekly service.

There is an exception in the Hotel act that allows 3-4 rooms above a shop house etc. In the past people have to tried to interpret this exception to apply to condos.

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17 hours ago, Maestro said:

 

The court decision is about condos because the cases brought to court were about condos. It does not necessarily mean that the law cited in the court decision does no also apply to other types of residential premises. Perhaps someone can look up the law and post the relevant section here (I have to rush off now to a dentist appointment)

Any property that has more than 4 rooms for rent requires a hotel licence. This seems to be the issue. An individual house for rent with less than 4 rent able rooms does not require a hotel licence. The developers wont like this as many are selling condos on the strength of rental income.

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18 hours ago, MaxLee said:

First UBER and now AirBnB...... 

 

and Bridge, and playing darts without a licence, and electronic cigarettes, and shisha pipes......

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