Original Title: Public Solicitation of Opinions on the Housing Leasing Regulation
Xinhua News Agency, Beijing, August 24th, by wire
On the 24th, the Beijing Municipal Commission of Housing and Urban-Rural Development announced the “Beijing Housing Leasing Regulations (Draft for Solicitation of Comments)” to openly solicit opinions from the public.
Industry experts pointed out that the “Beijing Housing Leasing Regulations (Draft for Comment)” is of great significance to support residents to solve housing problems through leasing and improve living conditions. Among them, standardizing the market order, establishing a lease contract online signing system, and increasing control measures will effectively promote the stable, healthy and orderly development of the rental market.
Implement rent guide prices when necessary
The draft for comments puts forward, “This city insists on the positioning of houses for living, not for speculation, establishes a sound housing system for rent and purchase, and supports residents to solve housing problems through leasing and improve living conditions.”
In recent years, new business forms and models of “leasing + internet + finance” such as long-term rental apartments, rental loans, and short-term rentals have continued to emerge. The level and content of existing legal documents have become increasingly prominent.
This consultation draft adds a variety of control measures and innovative measures such as rent guidance prices.
Among them, Article 60 proposes to stipulate: “This Municipality shall establish a rent monitoring and release mechanism. When housing rents are rising rapidly, the competent departments of housing and urban-rural construction can take measures such as restricting the rent increase of housing leasing companies’ operating listings and investigating and punishing rent-raising behaviors. Regulate the housing rental market. If necessary, commissions or rent guidance prices can be implemented.”
Lou Jianbo, director of the Real Estate Law Research Center of Peking University Law School, said that on the one hand, this measure can prevent some leasing companies from amplifying market volatility under the boost of capital, and on the other hand, through the implementation of commission guidance prices or rent guidance prices, it will help In order to reduce the actual burden of the tenant, the government shall set the upper limit or increase of rent by region to ensure that the rent is kept in a reasonable range.
Living rooms, etc. cannot be rented out separately
Another highlight of the consultation draft is that Beijing will establish a sound housing rental management service platform, use scientific and technological means to provide services such as contract signing, information inquiry, information verification, registration and filing, and establish information exchange and sharing with public security, education and other departments. Mechanism. The lessor shall sign the housing lease contract through the housing lease management service platform, and complete the housing lease registration and rental registration simultaneously.
“Signing the lease contract through the city’s unified leasing platform network is equivalent to providing a public infrastructure for the leasing market. The lessor does not need to’one thing, two runs’, and there is no need to worry about the safety of personal information stored in the enterprise.” Beijing Live The relevant person in charge of the Construction Committee said.
In recent years, the security and nuisance problems of group renting houses have become prominent, and complaints have remained high. The draft stipulates that the rental housing should be rented out according to the planned and designed suites and rooms, and meet the requirements of per capita use area and the number of people in each room. It is clear that the living room, kitchen, bathroom, balcony, storage room, etc. of the residence shall not be rented separately For living.
This time, the draft for comments has also increased the protection of the rights and interests of the lessees and reduced the burden on the lessees. For example, the draft for comments proposes that the lessor is encouraged to collect rent on a monthly basis, and the deposit is generally not more than one month’s rent; the lessor shall not use violence, threats, or water or power cuts to force the lessee to return the leased house or to undertake other than agreed upon in the contract. Cost.
Single rent collection shall not exceed 3 months
In recent years, long-term rental apartments have been driven by capital, and there have been continuous chaos such as long-term income and short-term payment, high income and low output, thunderstorms, and excessive formaldehyde, which have seriously damaged the rights and interests of the leasing parties.
This consultation draft fully embodies the idea of ”strict management”, requiring that long-term rental apartments should have the corresponding personnel, funds and management capabilities, and the name and business scope should include the words “housing leasing” to facilitate social identification. At the same time, housing leasing Practitioners of enterprises and real estate brokerage agencies shall practice under their real names.
The draft also stipulates that the amount of rent collected by the leasing company from the lessee in a single time shall not exceed the sum of the three months’ rent, and the deposit shall not exceed one month’s rent. At the same time, in response to common violations of laws and regulations by real estate brokerage agencies and housing leasing companies, penalties have been set based on the severity of the circumstances, which has increased the cost of violations.
Lou Jianbo said that through fund supervision and other methods, it will prevent housing leasing companies from using “fund pools” to expand disorderly and protect the legitimate rights and interests of all parties.
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