Mackenzie Smith Law - Residential Property Law

• Purchasing property as a foreigner in Thailand
• Purchasing/ sale agreements
• Due diligence searches for foreigners
• Sources of property finance
• Landlord and tenant problems
• Penalty clauses within lease agreements
• Return of deposit monies
• Claims for damaged furniture
• Service charge disputes

Mediation in Landlord and Tenant Disputes

For cases where negotiations have completely broken down MSL can provide, on a fixed fee basis, full representation on behalf of the leaseholder and arrange for the appointment of an independent third party Mediator to sit as Arbiter of the dispute.

Mediation is where an independent third party is appointed by both parties to liaise between the parties and persuade them to reach an agreed settlement.

The mediator is selected from a list of suitably qualified professionals with experience in handling Landlord and Tenant disputes. The mediator’s role is listen to the parties, determine the real issues and come to a decision on the dispute. The mediator’s Decision is final and binding upon both parties unless otherwise agreed. Only in rarest of cases has the Mediator’s Decision been challenged as both parties tend to act with honour and agree to abide by the mediator’s decision.

The aim of mediation is to facilitate agreement and achieve a “win-win”solution for both parties. The benefits of mediation are:

• Privacy
• Informality
• Flexibility
• Cost effectiveness
• Speed; and measured success for both parties