Beijing housing lease regulations: the government can intervene when the rent rises obviously.

"When the housing rent increases significantly or may increase significantly, the Municipal People's Government may take price intervention measures such as price increase declaration, rent restriction or rent increase according to law to stabilize the rent level and report it to the State Council for the record."

On May 25th, the Regulations of Beijing Municipality on Housing Lease (hereinafter referred to as the Regulations) was formally adopted at the 39th meeting of the Standing Committee of the 15th Beijing Municipal People's Congress and came into force on September 1 2022. The "Regulations" have made corresponding provisions in balancing the rights and obligations of both parties to the lease, giving full play to the role of housing lease management service platform, rectifying the problem of "second landlord" and rent control.

Source: Website of Beijing Municipal People's Government

The government can intervene when the rent rises obviously.

The "Regulations" clarify that "when the housing rent rises significantly or is likely to rise significantly, the Municipal People's Government may take price intervention measures such as price increase declaration, rent restriction or rent increase according to law to stabilize the rent level and report it to the State Council for the record." "If the Municipal People's Government takes price intervention measures, the lessor shall implement them; Those who refuse to implement it shall be handled by the market supervision and management department according to law. "

In fact, as early as August 20021year, the regulations made relevant provisions on price intervention. At that time, Yifeng Li, deputy research director of Beijing Branch of the Central Finger Hospital, told the National Business Daily reporter through WeChat, "This fully reflects Beijing's determination to standardize the rental market and stabilize the rent level. At the same time, it also forms certain constraints on large leasing companies bidding for housing and funds to boost market volatility, which is conducive to maintaining the stable and orderly development of the rental housing market. "

While protecting the rights and interests of the lessee according to law, the Regulations also regulate the behavior of the lessee, stipulating that "the lessee, as the user of the property within the validity period of the lease contract, shall abide by the laws and regulations on property management, enjoy the property services as agreed, and use the property safely and reasonably."

Internet information platform also undertakes corresponding obligations for the authenticity of housing information. The "Regulations" stipulate that "when the Internet information platform publishes listing information and recommends listing, the platform shall require the information publisher to submit information such as its identity, address, contact information and administrative license. Check and register, and establish a registration file with a retention period of not less than three years. " "Internet information platforms shall, in accordance with the relevant provisions of these Regulations, review the certification materials submitted by information publishers; If the certification materials comply with the provisions of these regulations, the platform provides information publishing services. "

Regarding the deposit that tenants are concerned about, the Regulations stipulate that, in line with the principle of "one mortgage and three payments", "the rental deposit charged by a leasing enterprise shall generally not exceed one month's rent and shall be managed through a third-party account. When a leasing enterprise collects rent from the lessee, it shall generally not exceed three months' rent at a time. Those who exceed the fees should be included in the supervision. " "If the house lease contract expires or is terminated, the house leasing enterprise shall return the remaining deposit and rent to the lessee within three working days after the lessee returns the house, except for deducting the rent and liquidated damages. "

Strictly rectify the "problem second landlord"

Xu Chuanxi, deputy director of the Legal Affairs Committee of Beijing Municipal People's Congress, said at the 39th meeting of the Standing Committee of the 15th Beijing Municipal People's Congress, "After research, the Legal Affairs Committee believes that the rectification of the' second landlord' problem is related to the vital interests of the masses. In order to increase the punishment, according to the Regulations on the Administration of Registration of Market Subjects, those who fail to do so will be punished.

The second paragraph of Article 26 of the Regulations stipulates that "individuals who sublet houses shall strictly abide by relevant regulations and conduct business activities according to law. If the number of sublet houses exceeds the specified number, it shall apply to the district market supervision and management department for registration of market entities and obtain a business license, and its name and business scope shall include the words' house lease'. The specific provisions shall be formulated by the municipal housing and urban-rural construction department in conjunction with the market supervision and management department. "

At the same time, Article 66 of the Regulations stipulates that "those who violate the provisions of the second paragraph of Article 26 of the Regulations and engage in business activities without establishment registration shall be ordered by the district market supervision and management department to make corrections and confiscate their illegal income; Refuses to correct, a fine of ten thousand yuan and one hundred thousand yuan; If the circumstances are serious, it shall be ordered to close down or suspend business according to law, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed. "

Regarding the issue of rental loans that has caused widespread discussion, the regulations stipulate that "financial institutions that issue rental loans to tenants shall transfer the rental loans to the tenant's account according to the registered housing lease contract." "The loan amount shall not be higher than the amount agreed in the house lease contract, and the loan period shall not exceed the term of the house lease contract. The frequency of granting loans shall match the frequency of paying rent by the lessee."

It is worth noting that Xu Chuanxi also said, "The city should speed up the construction of a housing lease management service platform, so as to facilitate the leasing parties to sign contracts online through the platform, automatically submit registration and record, and fulfill their legal obligations."

The regulations stipulate that "the municipal housing and urban-rural construction department shall establish and improve the housing lease management service platform of this Municipality", which can "provide services such as online signing of housing lease contracts, registration and filing, information inquiry and verification, and establish information sharing mechanisms with public security, market supervision and management, education, human resources and social security, financial supervision, housing provident fund and other departments and units." And "encourage lessors and lessees to complete the online signing of housing lease contracts through the housing lease management service platform established by the municipal housing and urban-rural construction department, and automatically submit them for registration and filing."