Renting A House In Hua Hin

[aragon]

We have our house in HH up for sale with an agent, which needless to say is progressing slower than treacle rolls down the side of a glacier. However, the agent has now come to us and said he has a couple (Brit/Indonesian) who are interested in renting the house.

Never having been the landlord or tenant of a rental property in Thailand before, I have a couple of questions about the whole process:

1. Is there a standard form of contract that is used for a villa lease, or is this down to the landlord/agent/tenant to thrash out?
2. The couple have offered to pay 6 months rent up front and a deposit. Would 6 months up front be considered the norm and how much would the deposit normally be?
3. Who holds the deposit? Landlord or agent?
4. Would it be normal to have the tenants be responsible for the upkeep of the garden and maintenance of the pool, including regular cleaning and chemicals?
5. I would assume it is normal that utilities are not included in the rent?
6. Fair wear and tear excepted, would it be normal to hold the tenants responsible for the maintenance of the villa and installed equipment, e.g. A/C, electrical appliances etc.
7. Who pays the agents fee, landlord or tenant?
8. Is it necessary to employ a lawyer to set up the lease etc.?

I realise these are quite general questions and there maybe no one answer in any instance, however would appreciate any guidance you can offer.

[PBbeacher]

Hi, in my experience:

1. Is there a standard form of contract that is used for a villa lease, or is this down to the landlord/agent/tenant to thrash out?
Agent should provide this, often a few drafts until all parties are satisfied before signing.

2. The couple have offered to pay 6 months rent up front and a deposit. Would 6 months up front be considered the norm and how much would the deposit normally be?
That is not the norm, I would take it. Deposit = 1 month in advance + 1 month for utility/damage deposit (maybe more if they have pets or something)

3. Who holds the deposit? Landlord or agent?
Agent.

4. Would it be normal to have the tenants be responsible for the upkeep of the garden and maintenance of the pool, including regular cleaning and chemicals?
No, that's the owners responsibility.

5. I would assume it is normal that utilities are not included in the rent?
Correct.

6. Fair wear and tear excepted, would it be normal to hold the tenants responsible for the maintenance of the villa and installed equipment, e.g. A/C, electrical appliances etc.
All on the landlord unless there is malicious damage by the tenant. But you might be able to negotiate finer details of this with the agent.

7. Who pays the agents fee, landlord or tenant?
Landlord.

8. Is it necessary to employ a lawyer to set up the lease etc.?
No, the agent should take care of everything required.

[PeteC]

"3. Who holds the deposit? Landlord or agent?
Agent."

I would be careful with this aspect. If during the term of the lease the agent goes out of business, you as the lessor would then be liable for the return of any refundable deposit to the lessee. Of course this would come out of your pocket as the agent was holding the funds. Pete

[J.J.B.]

Agreed. So much of this depends on the agent you choose.

So choose wisely!

[aragon]

Thanks PBb for some useful info.

Thanks also to PC and JJB for your input.

Some serious thought required here I think.

[PBbeacher]

Absolutely JJB! I was going to add that my writings were working on an assumption of a decent agent, but reconsidered as that may have ended up in another predictable agent bashing thread.

See your point too PeteC, and it's tied in with the above I guess. But as a tenant if you use an agent and pay them the deposit and then they turn around later and say "well we gave it to the landlord and now they won't hand it back over" (which happens), its also a bad situation.