Many places have introduced policies related to housing leasing to regulate the leasing market and protect the rights and interests of tenants.

In recent years, renting a house has become one of the important ways for new citizens, young people and other groups to solve the housing problem. However, the default rent increase, seizure of gold, "housing distribution", "formaldehyde housing" and other industry chaos still exist. Vigorously develop the housing rental market, the protection of laws and regulations is indispensable.

Since the beginning of this year, policies and measures to standardize housing leasing, clarify industry norms and strengthen market supervision have been introduced in many places across the country. 165438+1On October 23rd, the Standing Committee of Shanghai Municipal People's Congress passed the Regulations of Shanghai Municipality on Housing Lease, which will come into effect on February 23rd, 2023. Previously, the "Beijing Housing Leasing Regulations", which is oriented to solving market problems, was officially implemented on September 1 day, effectively curbing the chaos in the leasing market; In addition, Guangzhou, Qingdao, Shijiazhuang, Foshan, Shenzhen, Changzhou and other places have also issued relevant rules, which put forward clear requirements for safeguarding tenants' rights and interests.

Curb rental chaos

The reporter found out that the "Regulations" in Beijing, Shanghai and other places clarified the rights and responsibilities of both parties to the lease. In terms of housing lease requirements, the requirements of building, public safety, area, indoor air quality or sanitation and environmental protection are defined; In terms of business operation, it puts forward requirements for the main registration of housing leasing enterprises, the release of housing information, the registration and filing of contracts, and the supervision of funds, and clearly brings the second landlord into supervision to ensure the safety of tenants' funds.

Zhao, secretary-general of Beijing Real Estate Agency Industry Association, said that as the first local regulation regulating housing leasing in China, the Beijing Housing Leasing Regulations left enough space and laid the foundation for market management innovation. "Specifically, the Regulations set a threshold for market players, which is equivalent to putting a tight hoop on individual second landlords, creating a template for business service behavior, adding an insurance lock for rental funds, creating a console for market management, and setting up a regulating valve for market supervision." Zhao said to him.

"Since the implementation of the Beijing Housing Leasing Regulations, market entities such as brokerage agencies and leasing companies have actively carried out self-examination and self-correction, publicity and training, and adjusted their business strategies within the scope of supervision, including housing collection standards, rent pricing, housing publicity, and services for owners and tenants." Huang Hui, a senior analyst at RealData, told the reporter that the regulations strengthen the protection of tenants' rights and interests from the aspects of living conditions, security and stable rents, and curb the phenomena of false housing, rent increase due to breach of contract, seizure of money, and at the same time effectively protect tenants' rights and interests through various dispute mediation mechanisms.

Both Beijing and Shanghai explicitly prohibit "housing distribution" with huge security risks. "Beijing Housing Lease Regulations" clearly stipulates that the room originally planned and designed shall be the smallest rental unit, and no partition shall be carried out to change the internal structure of the house; The living room shall not be rented separately, and non-residential spaces such as kitchen, bathroom, balcony and storage room shall not be rented for living. "The market pays more attention to the division and rental of the living room. In this regard, Beijing's regulations are very strict. Not only can the living room not be rented separately, but also the balcony and storage room can not be rented. For many companies that operate decentralized long-term rental apartments, the business space will be compressed. " Jaco, dean of the branch of Anjuke Real Estate Research Institute, said.

Improve regulatory policies

In order to prevent the rent level from rising too fast and increase the burden on tenants, many policies have been introduced to strengthen the supervision of the rent level. Beijing and Shanghai stipulate that when the housing rent rises obviously or is likely to rise obviously, price intervention measures such as price increase declaration, rent restriction or rent increase can be taken according to law to stabilize the rent level; In Shenzhen, following the announcement of the reference price of second-hand housing last year, the reference price of housing rental covering all districts of the city was announced in June 5438+ 10 this year to provide guidance for market rent.

At the same time, for the hidden financial risks in the leasing market, many leasing companies are required to trust deposits and rents through third-party accounts to avoid misappropriation of funds. For example, Beijing stipulates that the deposit and rent charged by housing leasing enterprises should generally not exceed 1 month and 3 months, which need to be managed through a special account of a third party, and the overcharged rent should be included in the supervision; Shanghai stipulates that housing leasing enterprises should open a special account for the supervision of housing leasing transaction funds in commercial banks and publicize it to the public. The leasing enterprise shall collect rent for more than three months, and deposit for more than 1 month, and the rent shall be deposited in a special account; In the Notice on Standardizing the Housing Rental Market, Guangzhou advocates that lessors collect rent on a monthly basis, and defines the supervision mode of "1 account, consistent cycle and conditional thawing".

"Since the beginning of this year, improving the supervision policy of the housing leasing market has always been the key work of local governments in the field of housing leasing. A number of policies have been introduced in various places. Beijing and Shanghai have introduced housing lease regulations to strengthen the supervision of the rental market in the form of legislation. " Xu Yuejin, deputy research director of the Index Department of the Central Reference Institute, suggested that in order to fully implement market supervision and standardize market operation, it is necessary to speed up the construction of government housing rental information platform, strengthen contract filing management by means of informationization, strengthen the connection between lease contract filing and various social public services, and consolidate the data and information foundation of market supervision.

The insiders believe that with the introduction of housing leasing policies in various places, the key to the next step is to implement the responsibilities of all parties, strengthen dynamic management and control, suggest mobilizing the power of grassroots governance system and industry self-discipline, and at the same time strengthen the construction of leasing information platform to consolidate the market supervision foundation.

Strengthen dynamic control

Different from the whole chain and whole process supervision of commercial housing from land transfer, planning and construction, pre-sale approval and property management, leasing involves a wider range of management. Li Jianyi, chief researcher of the Housing Policy Research Center of Guangdong Urban Planning Institute, proposed that on the one hand, the grassroots governance forces such as streets, communities and villages should be mobilized, and on the other hand, the power of industry self-discipline should be brought into play to form a system of government supervision, industry self-discipline and micro-subject supervision or reporting. "The" Regulations "issued by Shanghai this time are to clarify the governance mechanism of integration, street and town (township) responsibility, village assistance and industry self-discipline, and it is expected to form an effective comprehensive governance system." Li said to him.

Chen Xiao, a senior analyst at Zhuge Housing Search Data Research Center, said that, first of all, relevant government departments should investigate the situation of community leasing, count household information and incorporate it into grid management; Secondly, immediately deal with violations such as non-refunding deposits, clarify punishment measures, and ensure the legitimate rights and interests of leasing groups; Thirdly, all departments should strengthen coordination and joint action, and start to investigate and deal with bad intermediaries and other subjects in many ways.

In fact, in addition to standardizing the development of the housing rental industry, the central and local governments are constantly exploring ways to strengthen the construction of affordable rental housing. For example, 202 1 issued a policy of affordable rental housing, and a series of supporting policies were issued around its construction, gradually forming a closed-loop business model of "integrating investment and managing retreat" in housing leasing.

According to the statistics of China Index Academy, as of June 2022, more than 80 provinces and cities across the country have issued local documents to promote the development of affordable rental housing. During the Tenth Five-Year Plan period, 40 key cities across the country plan to add 6.5 million sets (rooms) of affordable rental housing, of which 942,000 sets (rooms) were completed in 20021year, and 2.4 million sets (rooms) are planned to be raised in 2022. In addition to 40 key cities, another 34 cities have announced the financing plan for affordable rental housing during the Tenth Five-Year Plan period, with * * * about 1.23 million sets (rooms).

Yan Yuejin, research director of the think tank center of Yiju Research Institute, said that since the beginning of this year, relevant policies such as short rent's control and the preparation of long-term rental housing have been intensively introduced, and the development of the housing rental market has been significantly enhanced. "Driven by the demonstrations in Beijing and Shanghai, more cities may introduce policies related to housing leasing in the future, further standardize the development of the industry, and promote the formation of a housing pattern of' rental and purchase simultaneously'." Yan Yuejin said.