I'm hoping someone can give advise on an issue I have.
I recently bought a shop house, expecting to renovate and move in.
I have now been presented with a rental agreement with the previous owner that leases this property and uses it for storage. The stuff that was in the unit, I thought was the previous owners. I wasn't informed of any rental agreement.
The chanote I have, did not have this lease registered as there is no notation on it. The lease is for 3 years with 18 months still left to run.
Is this lease agreement still valid upon sale of the property?
What rights do I have as the owner to cancel the lease agreement?
What rights does the tenant have to continue with the lease?
Rental Laws
Mynot.
Sorry to hear of your troubles. I dont know if this will give you any help. as it regards leasing land, not property, but I shall post it anyway and you can judge. I think the pertinant part of this is what is written on and attached to the Chanote.
I have leased land for 20 years from a farmer and both he and I were very concerned that everything was above board and notated on the Chanote at the Land Office (Cha Am). Both he and I were also brand new to this, and relied on advice from the Land Office. The Land Office were very helpful, and at no time showed any bias to either the farmer or myself - just solid advice which was as follows -
1) An agreement was drawn up, in both Thai and English, signed by the farmer and myself and attached to the Chanote. Included in this was a Table of Payments giving the amount to be paid and the date on which it was due, for the whole 20 year period.
2) A photocopy of the orignal Chanote was made by the Land Office and on that a drawing was made of the proximety of the land to be leased. This photocopy was then attached to the original Chanote.
3) On the back of the original Chanote was written the dates, details and names of the parties who signed the agreement.
I believe (maybe naively) that any agreement is only worth the goodwill of those entering into it, and in that respect I feel very fortunate. However, if there was a dispute between the farmer and myself, I think it is the notation on the back of the Chanote which would legally hold sway.
I hope you resolve your difficulty soon.
Teabone.
Sorry to hear of your troubles. I dont know if this will give you any help. as it regards leasing land, not property, but I shall post it anyway and you can judge. I think the pertinant part of this is what is written on and attached to the Chanote.
I have leased land for 20 years from a farmer and both he and I were very concerned that everything was above board and notated on the Chanote at the Land Office (Cha Am). Both he and I were also brand new to this, and relied on advice from the Land Office. The Land Office were very helpful, and at no time showed any bias to either the farmer or myself - just solid advice which was as follows -
1) An agreement was drawn up, in both Thai and English, signed by the farmer and myself and attached to the Chanote. Included in this was a Table of Payments giving the amount to be paid and the date on which it was due, for the whole 20 year period.
2) A photocopy of the orignal Chanote was made by the Land Office and on that a drawing was made of the proximety of the land to be leased. This photocopy was then attached to the original Chanote.
3) On the back of the original Chanote was written the dates, details and names of the parties who signed the agreement.
I believe (maybe naively) that any agreement is only worth the goodwill of those entering into it, and in that respect I feel very fortunate. However, if there was a dispute between the farmer and myself, I think it is the notation on the back of the Chanote which would legally hold sway.
I hope you resolve your difficulty soon.
Teabone.
Your a long time dead!
Thanks for the input.
I noted that there was no inclusion of any contract on the back of the Chanote. But after saying that, the lease only needs to be registered on the Chanote if it is for more than 3 years.
I have spoken to 2 lawyers (on the phone) and have got completely opposite decisions from both. You gotta love this place!!
So, I am hoping that there may be someone who can give me a definitive answer, or point me to a "reliable" lawyer.
I noted that there was no inclusion of any contract on the back of the Chanote. But after saying that, the lease only needs to be registered on the Chanote if it is for more than 3 years.
I have spoken to 2 lawyers (on the phone) and have got completely opposite decisions from both. You gotta love this place!!
So, I am hoping that there may be someone who can give me a definitive answer, or point me to a "reliable" lawyer.
I'm certain that you would find wildly differing answers from different lawyers in any country. Especially considering you were talking to them on the phone, free of charge, and without reference to the specific documents. I also guess that you and the lawyers involved do not share the same native language.
Law is far from black and white in any country
Find a good lawyer, if not in HH, then look to BKK.
Pay them for good professional advise, and be prepared to seek their representation in court.
Good lawyers are difficult to find, especally were disputes are involved. Often the easiest way out is saught, so consider to pay well for a thorough appraisal.
Winkie
Law is far from black and white in any country
Find a good lawyer, if not in HH, then look to BKK.
Pay them for good professional advise, and be prepared to seek their representation in court.
Good lawyers are difficult to find, especally were disputes are involved. Often the easiest way out is saught, so consider to pay well for a thorough appraisal.
Winkie
Only the crumbliest, flakiest Winkie....
Did you buy this shophouse with the help of a real estate "consultant'? Beware of this unlicensed, unethical, unsupervised mob who will make all your nightmares come true. Previously employed as bicycle mechanics and dustman, before they were released from prison, they now have positions as Hua Hin estate agents. Now, this bunch will dispense sage advice and gleeefully scoop your deposits unless they are jamming you into some unsavory digs while collecting unearned commissions.
Rental Laws
Thanks for all the input.
I was happy with the purchase and the ethics of the agent. Now that I know that the tenant has rights. I am now accepting that I will get a monthly rental payment for the duration of the lease. Altho I have written to the tenant offering a few incentives to cut short the agreement. I'm not too hopeful but will wait and see.
Thanks again for those that offered advice.
I was happy with the purchase and the ethics of the agent. Now that I know that the tenant has rights. I am now accepting that I will get a monthly rental payment for the duration of the lease. Altho I have written to the tenant offering a few incentives to cut short the agreement. I'm not too hopeful but will wait and see.
Thanks again for those that offered advice.
Rental protection - Baahh
Sorry to throw a spanner but even though there are laws to protect the leasee it is somewhat difficult to get someone to take it on. Even when you request in writing the assistance (and you are willing to pay) some people just cant be bothered. I talk from experience.