The Legal Problem of Dormitory Rental under Dormitory Act (B.E.2558): A Case Study of Private Dormitory.

Abstract

Abstract

This legal research examines the Dormitory Act B.E. 2558 in the case of private dormitory. Focusing on tenancy agreements in privately owned dormitories, the Act plays a significant role in safeguarding the welfare of children and youth pursuing education while residing in dormitories by ensuring they are provided with proper care and a conducive living environment. Effective implementation of the Act requires collaboration among various governmental agencies.

The primary objective of this study is to examine the conditions and legal issues associated with tenancy contracts under the Dormitory Act B.E. 2558, with a specific focus on private dormitories located near the University of Phayao. The research investigates whether the tenancy agreements comply with legal requirements and whether their contents adhere to the provisions of the Act. The ultimate goal is to propose solutions that will help dormitory operators comply with the law appropriately and effectively, thereby protecting the rights and welfare of youth residents and preventing legal liabilities for dormitory operators.

The study identifies the following key issues: (1) Registration Issues, many private dormitories near the University of Phayao are not registered by the Act, possibly due to a lack of awareness or deliberate non-compliance by operators; (2) Written Contract Requirement, despite the legal requirement for tenancy contracts to be in writing, many dormitories still fail to fulfill this obligation; (3) Lack of required facilities, although the law mandates the provision of facilities such as dining areas and guest reception areas, most dormitories only provide accommodation and basic administrative contact; and (4) Gender-specific dormitory classification, the Act requires dormitories to be designated as either male or female; however, mixed-gender accommodations are commonly found in practice.

Based on the findings, the researcher offers the following recommendations:
(1) Incentivizing registration, government agencies, and the Dormitory Promotion Committee should offer benefits and support such as tax incentives, financial aid, materials, or equipment to registered dormitories, not just those officially recognized for excellence. This would encourage compliance and reduce the operational burden of meeting statutory standards. Simultaneously, strict inspections and penalties should be enforced for non-compliant dormitories; (2) establishing a Dormitory Operators' Association, a dormitory operators' club near the university should be formed, with collaboration from relevant agencies and the university itself, to serve as advisors and support the proper formation of legally compliant tenancy contracts; (3) Improvement of facilities, government agencies should conduct inspections and require dormitories to install legally mandated facilities, enforcing penalties against non-compliant operators; and (4) Amendments to the Dormitory Act, legal amendments should be introduced to impose clearer penalties for violations related to dormitory classification, alongside regular inspections by state authorities to ensure consistent enforcement.