laitimes

Under the "new regulations" for renting, these four types of houses "cannot be rented" from 2022 onwards

author:Happy to live in Haixi

According to the 2021 Blue Book of Urban Rental Life in China, the size of the mainland's rental population has exceeded 200 million, accounting for 24.7% of the total urban population.

Based on the average growth rate of 2% in the mainland's urbanization rate, it is expected that the rental population will reach 260 million in 2030, and the size of the housing rental market will reach 10 trillion yuan. It is worth mentioning that at present, the rental population of first-tier and new first-tier cities is still growing, of which Beijing, Shanghai, Guangzhou, Shenzhen, Chengdu and Hangzhou have a rental population of more than 50 million people.

In addition, according to relevant surveys, at present, 70% of new citizens and young people in large cities rely on renting to solve their problems. In terms of home purchase choices, more than 30% of the surveyed users did not consider buying a house within 7 years.

As for renting, 75% of tenants have been renting for more than 3 years, and 12% of them have been renting for more than 10 years. Facing the future willingness to rent, 51% of tenants said that they were acceptable for more than 5 years, and 18% of tenants were willing to rent for more than 10 years.

The survey also exposed various chaos in the housing rental market: more than 93.8% of tenants said that they had had an "unpleasant" rental experience, including being deceived by intermediary propaganda, being swallowed by black intermediaries, repeatedly charging intermediary fees, being maliciously increased rents, the quality of rented houses was not guaranteed, landlords entered the rental rooms privately, and the landlords were bombarded by landlords before the lease period arrived.

Since 2018, more than 43.5% of young tenants have said they have been defrauded of signing "rent loans". Especially in 2020, the collective thunderstorm of long-term rental apartments, the four first-tier cities, there are no less than 100,000 tenants "victimized".

Under the "new regulations" for renting, these four types of houses "cannot be rented" from 2022 onwards

Liu Bo, a real estate expert, said bluntly that the housing rental market, as an inseparable and important part of real estate, is also playing an important role.

However, the chaotic housing rental market not only damages the legitimate rights and interests of tenants, but also affects the healthy development of the industry. Living and living is everyone's simple wish.

Therefore, regulating the rental housing market is not only a practical move to safeguard individual rights and interests and consolidate the sense of gain of citizens, but also an inevitable requirement for ensuring the harmony and stability of economic and social order.

When it comes to regulating the rental market, what efforts has the state made in recent years? First of all, in 2018, the "rent-purchase combination" was proposed for the first time, and the "rent" was placed before the "purchase", which represented a stronger support direction for the national policy on the housing rental market.

In the same year, the supply of affordable rental housing in the four first-tier cities was even greater; secondly, the important national conference in 2019 made it clear that "we must vigorously develop the housing rental market", which has a heavier weight than the previous formulation.

From 2020 onwards, all localities have begun to vigorously promote affordable rental housing, collective land construction of rental housing, etc.; in addition, in 2021, the Ministry of Housing and Urban-Rural Development has clearly stated that it will "strive to achieve a significant improvement in the order of the real estate market in about 3 years", and the focus of rectification includes housing rental. It mainly rectifies the rental chaos such as deducting rent, violently expelling tenants, illegally carrying out rental loan business, and long collection and short payment.

In addition, in the next five years, the state initially plans to add 6.5 million sets (rooms) of affordable rental housing in 40 key cities, which is expected to help 13 million new citizens and young people alleviate housing difficulties. Among them, Ningbo will build and raise 213,000 sets (rooms) of affordable rental housing, of which 120,000 units (rooms) will be raised for the construction of the city's six districts. The housing supply is mainly for eligible new citizens and young people without housing in the district (city) where the city works.

Under the "new regulations" for renting, these four types of houses "cannot be rented" from 2022 onwards

In a word, in order to cope with the growing demand for housing rental market and other problems, various localities have successively introduced a series of policies and measures to further accelerate the supply of affordable rental housing.

Of course, the most important thing is that from 2020, the state is actively establishing a comprehensive and systematic set of housing rental management norms, in other words, the "new regulations" for housing rental.

The purpose of this is threefold: one is to facilitate the relevant departments to restrain illegal acts; the other is to provide the whole society with "rent tips", which is very helpful for preventing problems before they occur; the third is to guide everyone to clarify the duties and obligations of intermediaries, the rights of tenants, the standards of commission deposits, and the requirements for renting housing.

This comprehensive and systematic housing rental management norm is the Housing Tenancy Regulations (Draft for Solicitation of Comments) issued by the Ministry of Housing and Urban-Rural Development on September 7, 2020.

Up to now, more than 20 cities such as Shanghai, Shenzhen, Nanjing, Hangzhou, and Guangzhou are working intensively to formulate and improve local laws and regulations. In the opinion of experts, the first city to land the "new regulations" for rental housing may be Beijing – because on November 24, 2021, the Beijing Municipal Housing Rental Regulations (Draft) have been submitted for first instance.

According to experience, the interval between the implementation of local administrative regulations after soliciting opinions and feedback is up to 6 months. In other words, by May 2022 at the latest, Beijing's new rental regulations will be officially implemented. At the same time, Shanghai, Shenzhen, Guangzhou, Nanjing, Hangzhou and other first-tier and new first-tier cities will also follow.

That is to say, from 2022, under the "new regulations" for renting, housing rentals will all be handled in accordance with the "new regulations". In the view of industry insiders, the new rental regulations officially implemented in 2022 are very different from the past, and both tenants and landlords need to pay attention.

In addition, the new rental regulations are of great significance for rectifying the chaos of renting and safeguarding the vital interests of 200 million tenants across the country.

From the content point of view, the draft housing lease regulations comprehensively respond to the 6 major "pain points" of renting in reality: rent cannot rise sharply, deposits cannot be overcharged, "two landlords" are managed well, the amount of rent loans is restricted, "problem houses" cannot be rented, and false listings on the internet can be deleted.

It should be emphasized that the "new rules" stipulate that four types of houses can no longer be rented. Therefore, landlords and tenants need to pay special attention to the fact that there are four types of houses that cannot be rented from 2022 onwards.

First, it is expressly prohibited to rent out 4 types of houses

These 4 types of houses are: 1, houses that do not meet the standards and requirements of construction, fire protection, etc.; 2, houses whose interior decoration does not meet the relevant national standards and will endanger the personal health of the tenant; 3, non-residential spaces such as kitchens, bathrooms, balconies and underground storage rooms, which cannot be rented for living; 4, other houses that cannot be rented according to law, such as houses with the right of residence, houses with unclear property rights, illegal houses, dangerous houses, etc.

In the eyes of professionals, the reason why the state explicitly prohibits the rental of these 4 types of houses is because these 4 types of houses have "problems".

Especially the 1st and 2nd types of houses, in fact, there are construction problems and decoration problems, these are very serious problems, may endanger the life and property safety of tenants, so can not play.

In particular, houses with non-standard decorations, such as houses with excessive formaldehyde and benzene, have aroused widespread concern in the whole society in recent years, and have risen to a very important position in housing safety.

The new regulations make it clear that these 4 types of houses are prohibited from renting, to put it bluntly, in order to safeguard the vital interests of tenants, renting such a house may lose money at best, the right of residence cannot be guaranteed, and the heavy may endanger their own health.

Therefore, as a tenant, you must remember that you can no longer rent these 4 types of houses. As a landlord, you also need to pay attention to the fact that you can no longer rent out these 4 types of "problem houses" for your own efforts, otherwise the only thing waiting for you is the severe punishment of laws and regulations.

Second, the deposit collection method is standardized, and the deposit is required to be entrusted

The New Rules clearly stipulate that the deposit collected by a housing rental enterprise from the lessee shall generally not exceed one month's rent, and the amount of a single rent collection shall generally not exceed three months' rent, and stipulates that the deposit collected will be held in escrow through a third-party special account.

For a long time, tenants have been the more "weak" side when dealing with intermediaries and landlords. And sometimes because there is a strong demand for renting, it is often treated unfairly by landlords and second landlords.

For example, when collecting deposits, some landlords will deliberately collect more deposits in order to lock in tenants for a long time. In order to quickly accumulate wealth, the "second landlord" sometimes makes rude demands such as "three mortgages and three payments" to tenants.

The new regulations make it clear that in the future, leasing enterprises can only collect the tenant's rent for a maximum of 1 month, and the rent collected at a time cannot exceed 3 months, which reduces the burden on the tenant to a certain extent.

In particular, "deposit hosting" can effectively prevent "second landlords from running away" and effectively protect the interests of tenants.

In our view, this provision is extremely friendly to tenants, effectively avoiding the problem of tenants' interests being swallowed up in the process of renting.

Third, housing renewal, sublease and other issues

Housing renewal, sublease and other issues are equally important, and sometimes the improper treatment of tenants will also cause damage to the interests of landlords or fall into unnecessary disputes. The most worth mentioning is that in reality, many leasing companies have cheated customers and repeatedly charged commissions to tenants, which makes many tenants have a bad experience.

The new regulations clearly regulate this aspect of the problem, effectively avoiding the occurrence of disputes, and also providing a legal basis for disputes and contradictions.

Lease renewal issues: 1, the lease contract expires, the two parties renew or re-sign the contract, the brokerage agency shall not charge commissions again; 2, after the contract expires, even if the tenant refuses to move away, the landlord must not violently drive the tenant away, everything must be carried out according to law; 3, the tenant has the right to continue to rent and purchase the house first; 4, the change of ownership of the house does not affect the continuation of the lease agreement; 3, the tenant has the right to continue to rent and purchase the house; 4, the change of ownership of the house does not affect the continuation of the lease agreement;

Sublease problem: 1, the tenant wants to sub-rent, must meet two conditions, one is that the amount of sublease can not exceed the original rent, and the other is that the landlord must agree. The tenant raises the rent and sublet without permission, and the income obtained is not legal, and the excess part is all owned by the landlord. Whoever subleases without the permission of the landlord, the landlord has the right to terminate the lease contract;

Fourth, there are good ways to stabilize rents

What really matters about whether a city's young people can stay and dedicate their youth is not the price of commercial housing, but the ratio of living costs to income, that is, the ratio of rent to income. In other words, rent is the true reflection of residents' income.

Therefore, reasonable rents are crucial, not only conducive to the stability of the housing market, but also conducive to hundreds of millions of people to solve the housing problem.

Therefore, the "new regulations" also set up a clever trick for the "stable rent" of the housing rental market - it is clearly required that the relevant competent authorities should strengthen the monitoring of housing rents, and when housing rents rise significantly or may rise significantly, price intervention measures can be taken against the market.

"Price intervention", as the name suggests, is to intervene when rents rise sharply, and intervene by introducing measures to "limit rent increases". For example, the introduction of the "rent guidance price" policy. Of course, the most important thing is to strictly investigate and punish the behavior of leasing enterprises to raise rents.

Can the "Rent Guide Price" policy really be effectively implemented?

Some experts have different opinions. For example, zhang Dawei, a real estate expert, said bluntly that the implementation of the policy is more difficult, because the rent of the house is different from the guidance price of the second-hand house, and the second-hand house needs to be signed and filed online before it can be traded.

In reality, renting a house is a person-to-person, and there is no online signature filing at all, so there is no way to "guide". Does that mean that there is nothing that can be done to "stabilize rents"?

Of course not, in Zhang Dawei's view, it is crucial to build a reasonable housing rental rent system, and there are many measures that can be taken. One of the most thorough and effective ways is to increase the supply of rental housing - rent increases, to put it bluntly, are determined by supply and demand, increase supply, and rent prices naturally fall.

As for how to increase the supply of rental housing, as mentioned above, such as the introduction of new regulations to allow collective land to build rental housing, and then such as the allocation of rental housing in new commercial housing projects.

Fifth, punishment for violations of the law will not be tolerated

The new regulations are still very strict for leasing companies, brokerage institutions and practitioners, from 2022, the release of false listing information, illegal provision of financial services, etc., light fines, heavy may revoke business licenses, banned from the industry.

It is worth mentioning that the new regulations make it clear that real estate brokerage institutions are not allowed to carry out housing sublease business.

There are many terms of fines, which are not repeated here, and we must remember one point: the lessor is personal, the violation is generally 5000-10000 yuan fine, the lessor is the unit, the violation is generally 10000-50000 yuan fine.

For real estate agents who collect rent on behalf of real estate agents, illegally sublease, publish false advertisements, induce tenants to apply for rental loans, etc., depending on the situation, fines range from 5,000 yuan to 100,000 yuan. In addition, those who constitute a crime will also be held criminally responsible in accordance with the law.

In a word, in the future, for violations of laws and regulations in renting, we will severely punish and never tolerate them.

Summary: The "New Regulations" directly attack typical rental chaos such as malicious rent increases, overcharging commissions, black intermediaries, group rentals, problem house rentals, and false housing listings, showing the determination to take action and confront the hard, and more importantly, the state's determination to rectify the chaos in the industry and safeguard the vital interests of tenants.

Therefore, we have reason to believe that more cities in the future will achieve the ultimate goal of making everyone feel at ease to rent and live.

【Easy to enjoy the purchase information, come and pay attention to Leju Network】

Article source: Sina Real Estate

Premium content recommendations

  • Involving the relocation of 200,000 square meters, Fuzhou here to start the relocation! The mapping work has been completed
  • Fuzhou two rivers and four banks of the core section of the new progress! The important node of "Heart of minjiang river" was completed in April
  • Fuzhou's latest population data was released, and it strived to break through ten million in five years, who will digest the inventory of the property market?