Hot spot 1: prevent the risk of "mine explosion" on long-term rental platforms.
At the end of August this year, the Shanghai long-term rental platform formerly known as Chaoke was "thunderstruck" in Shanghai, Chengdu, Hangzhou and other places. A large number of owners and landlords have suffered huge economic losses. According to the regulatory authorities, in order to expand rapidly and seize the market, some enterprises often adopt high-risk management methods such as "low-medium-output AG" and "long-term payment and short-term payment".
In this regard, the regulations stipulate that if housing leasing enterprises have high-risk business behaviors such as "long receipt and short payment" and "AG low payment", real estate management departments and other departments should include them in the list of business anomalies and strengthen supervision over the use of rents and deposits. The people's governments of municipalities directly under the central government and cities divided into districts may establish a supervision system for housing rental funds, and include rents and deposits in the scope of supervision.
The person in charge of the relevant work of the Ministry of Housing and Urban-Rural Development said that in the past, many enterprises had no threshold to enter the housing rental market and almost no cost input; At the same time, housing leasing enterprises can open branches in various places, and the decentralization of local supervision is not conducive to mastering their overall situation. The regulations clearly establish a registration system for housing leasing enterprises, set industry access thresholds and strengthen supervision.
Lawyer Li Guo, a senior partner of Beijing Deheng (Shenzhen) Law Firm, suggested that a series of supporting laws and regulations such as relevant implementation rules, local regulations and supervision measures should be promulgated as soon as possible to promote the implementation of the regulations.
Hot spot 2: Combating the trap of "killing the' rental' disk"
"False housing and rental loans are two knives for black intermediaries to kill' rent'!" Miss Meng, a Shanghai tenant, was lured by the false listing information of the black intermediary, fell into the trap and suffered economic losses.
"The other party said that renting a house needs to be bound with a bank card, and it will be automatically deducted every month, so let me download a' staging 'App." Not long ago, Sun Xiao, a college graduate, rented a house in Dalian, and was cheated out of a rental loan by a rental platform, thus suffering losses.
In view of the trap of "killing rent" such as black intermediary, fake housing, illegal rent and loan, the Regulations stipulate that housing leasing enterprises, real estate brokers and related employees shall not publish false housing information or provide financial products and services in violation of regulations.
Chen Yinjiang, deputy secretary-general of China Consumer Protection Law Research Association, pointed out that the management details of illegal acts such as false houses need to be further clarified. "In addition to checking information and on-the-spot house inspection, the regulatory authorities should also stipulate that the information of completed houses should be filed within a limited time and deleted from billboards and websites within a limited time to avoid illegal intermediaries using' just clinched a deal' as an excuse."
Liang Zhanhua, chief operating officer, said that it is necessary to regulate leasing loans by regulations, which is conducive to guiding the long-term stable development of the industry, protecting the legitimate interests of tenants and owners, and also conducive to the safe and steady development of leasing institutions.
Li Guo believes that in the leasing market, tenants are relatively weak, and it is usually difficult to prove the illegal behavior of business entities. "It is suggested that the burden of proof be reversed for related behaviors. In the event of a dispute, housing leasing companies and brokerage companies should prove their innocence. "
Hot spot 3: better protect the safety of tenants
The reporter found that it is not uncommon for some housing leasing companies to complain about the illegal transformation of load-bearing walls and the rental of non-residential spaces such as basements. Ms. Xu, a tenant in Chengdu, said that the intermediary built the house she rented before without authorization, and the "second residence" became the "fourth residence", with outstanding security risks.
In addition, some tenants reported that they were brought into the rented house by the landlord or intermediary without authorization.
In this regard, the regulations stipulate that rental housing should meet the standards and requirements of construction and fire protection; The interior decoration of the leased house shall conform to the relevant national standards and shall not endanger the personal health of the lessee; Without the consent of the lessee, the lessor shall not enter the leased house without authorization.
Ms. Xu, the tenant, said that for privacy reasons, unless invited or requested by herself, tenants generally do not want landlords to enter and leave the leased premises at will, especially in the case of disputes, which is also the need to avoid the intensification of contradictions.
Liu Xiang, executive vice president of Chengdu Real Estate Brokers Association, believes that the relevant regulations have a positive effect on the market, but the supervision of formaldehyde pollution is still difficult to implement.
Huang Hui, a senior analyst at RealData, believes that the content of the regulations is conducive to forcing housing leasing companies to further verify the compliance of their own business practices. However, due to the large number and variety of market players and rental houses, how to implement comprehensive coverage will be the difficulty of supervision. It is suggested that cities should establish a dispute handling and reporting publicity system, unblock the channels of complaints and reports, and actively inquire, interview and rectify the problems fed back by the public.
Hot spot 4: control rent-driving, bundle sales, and urge enterprises to operate in good faith.
At the beginning of this year, rents in some cities suddenly rose during the epidemic of some long-term rental apartment platforms, which attracted public attention. In addition, for a long time, many tenants are generally dissatisfied with signing a service contract when renting a house through the rental platform, but "the service fee is not enough, but no service can be found".
The manager of a well-known real estate agency in Beijing also revealed that some large real estate agencies monopolize regional housing through their own market advantages and manipulate rents to profit from it, which has become the "hidden rule" of the industry.
The regulations stipulate that market entities such as housing leasing enterprises shall abide by the Anti-monopoly Law of the People's Republic of China, the Anti-Unfair Competition Law of People's Republic of China (PRC) and other relevant regulations when engaging in business activities related to housing leasing, and prohibit acts that disrupt market order such as driving up rents and bundling consumption; Real estate brokerage institutions and their employees shall not have the behavior of "earning rent difference".
Qiu, an expert from the Expert Committee of China Consumers Association, pointed out that the regulations effectively regulate hoarding and rent manipulation, which is conducive to further regulating the market and is a highlight of this consultation.
Zhang Dawei, chief analyst of Zhongyuan Real Estate, said that the regulations stipulate that enterprises can't accept both "intermediary fees" and "second landlords", but at present, leasing enterprises and intermediary enterprises are often combined through capital operation in the market, so the regulations should take this reality into account. In addition, it is also worth noting that some enterprises renamed "agency fees" as "service fees" and charged them repeatedly.
Liang Zhanhua said that a number of measures to support the development of the long-term rental industry are the landing and deepening of the national policy of "rental and purchase simultaneously". In the future, we will continue to actively connect with relevant departments in compliance management, credit construction and credit application to boost the development of the industry.
The person in charge of the relevant work of the Ministry of Housing and Urban-Rural Development said that the regulations strengthened the protection of people's rights and interests, and included the publication of false housing information, deduction or delayed return of rent deposits. Intensify the crackdown on large enterprises to drive up rents. In addition, in terms of legal liability, penalties for violations have been intensified, and relevant illegal circumstances have been clarified. The housing rental market is a new market, which has not developed for a long time and its business model is still being explored. With the gradual arrival of supervision, the market will be regulated.