The Housing Leasing Regulations (Draft for Comment) clearly regulates the legal responsibilities of all parties
Can the chaos in the rental market be solved?
Our reporter Han Dandong
Intern Su Xinyu
Recently, the Ministry of Housing and Urban-Rural Development issued the "Regulations on Housing Leasing (Draft for Soliciting Comments)" to solicit public opinions. The deadline for feedback is October 8 this year.
The draft for comments includes 8 chapters including general rules, leasing and leasing, leasing companies, brokerage activities, supporting measures, services and supervision, legal responsibilities and supplementary provisions, with 66 articles in total.
It is understood that the "Regulations on Housing Leasing" is the first regulatory and normative document in the field of housing leasing in my country. It aims to regulate housing leasing activities, safeguard the legitimate rights and interests of leasing parties, build stable housing leasing relations, and promote the healthy development of the housing leasing market.
So, what are the highlights of the draft for comments, and is there still room for improvement?
A reporter from the Rule of Law Daily had a dialogue with relevant experts.
Interlocutor
Yingwei Han, Senior Partner of Beijing Yingke Law Firm
Qin Bing, Executive Director of Shanghai Qin Bing Law Firm
Wang Yanhui, lawyer of Shanghai Hengyanda Law Firm
"Rules of Law Daily" reporter Han Dandong
Su Xinyu, an intern at the Rule of Law Daily
Lease companies frequently explode
The rental market is disrupted
Reporter: What is the background of the "House Rental Regulations (Draft for Comment)"?
Han Yingwei: There have been a series of problems in the housing leasing industry before, such as the unsuitability of rental houses and false listings, which affected the rights of tenants and homeowners.
There may even be a series of uninstitutionalized and unmanaged housing leasing behaviors, such as homeowners renting out unsuitable houses as leased houses, which seriously damages the housing leasing market.
Qin Bing: An important background is that many leasing companies are now entering the leasing market, including apps and small programs such as long-term rental houses and short-term rental houses.
In fact, under normal circumstances, the market supply of the lessor and the lessee is balanced and relatively stable.
However, due to the participation of some large companies, these large companies use some of the current network means to change the relationship between supply and demand, which leads to huge imbalances in information between the two parties, and conflicts between the lessor and the lessee.
Wang Yanhui: In 2017, nine ministries and commissions including the Ministry of Housing and Urban-Rural Development jointly issued the "Notice on Accelerating the Development of the Housing Rental Market in Large and Medium-sized Cities with Net Population Influx", which is considered the beginning of "simultaneous rental and sales".
Driven by policies, the leasing market is getting more and more attention, and there is even a large inflow of capital.
At the same time of prosperity, many sharp problems have begun to surface. In addition to the large number of contradictions between the lessor, the lessee and the intermediary, the most concerned in recent years is the frequent thunderstorms and false listings of the leasing companies in the form of "long-term rental apartments". Problems such as rent loans, long-term income and short-term payments have emerged one after another, causing both the lessor and the lessee to suffer huge losses.
In this context, the "Regulations on Housing Leasing (Draft for Comment)" were issued accordingly.
The rights of lessees are protected
Standardize and guide the rental market
Reporter: What are the highlights and areas worth paying attention to in the "House Rental Regulations (Draft for Comment)"?
Han Yingwei: Standards for non-residential space are made to indicate what is not inhabitable space; the contract between the lessor and the lessee is strictly regulated, and the price cannot be unilaterally increased or reduced; the standard for the area of living space is strictly regulated, and it is clearly stipulated that it is suitable for people to live Of rented area.
Clearly target the reasonable and legal operation of housing leasers and real estate companies, further standardize and guide the legal operation of market entities, and guide the steady development of the industry.
After the regulation is issued, it will promote the healthy and stable development of the rental housing market.
The release time of this consultation draft is at a stage where the current housing market fluctuates greatly, so it will play a positive role in guiding the subsequent development of the rental market.
At the same time, it will also provide strong policy support for maintaining the order of the housing rental market and meeting the actual needs of the renters.
Qin Bing: I think the better point is that "the lessor shall not enter the leased house without the consent of the lessee."
This is more in line with the international trend, respects the privacy of the tenant, and at least established a guiding ideology.
From the perspective of the whole world, all legislative acts of laws and regulations on residential leasing are for one purpose-to protect tenants.
According to the natural state, compared with the lessee, the lessee belongs to a disadvantaged group-low income, needs to take root in a certain place, busy with work, and financially unable to confront the landlord.
In most cases, the landlord is a landlord, and he has various advantages in terms of network, funds, and information.
Therefore, all residential legislation is to protect tenants, and the release of the draft for comments proves this-the law protects tenants.
Wang Yanhui: I think many of these regulations are based on the actual problems in the leasing market and accurately solve many problems of the leasing parties.
For example, "The lessor shall provide the lessee with necessary living space. Non-residential spaces such as kitchens, bathrooms, balconies and underground storage rooms shall not be leased for residence."
This guarantees the tenant’s living conditions and can effectively combat irregularities such as group rents.
Also, for the first time, it is unified that “the online signing of housing lease contract and filing, no fees shall be charged”, and “lessees can hold housing lease contracts, apply for residence permits in accordance with relevant regulations, etc., and enjoy basic public services and conveniences in accordance with the law.”
In large cities such as Beijing and Shanghai, the application of a residence permit generally requires a lease contract that has been signed and filed online, but often the lessor will shirk or refuse to cooperate under the pretext that it may be charged.
After the regulation is promulgated, it will protect the legal rights of the lessee and provide a legal basis for the lessee to go through relevant procedures.
The biggest highlight is that the legal responsibilities of all parties in the leasing market are clearly regulated.
In the past, after many problems occurred, they were often faced with the problem of not being able to follow or the legal regulations were not clear and the legal responsibility could not be confirmed.
The judiciary may make judgments on a class of issues based on the principle of discretion.
If the regulation is promulgated, it will clearly stipulate the legal responsibilities of various entities in the leasing relationship, which can not only serve as a warning to all parties, but also can bear corresponding legal responsibilities in accordance with the regulations after a problem occurs.
In my opinion, the most noteworthy area should be the regulation of leasing companies.
In recent years, the problem of "long-term rental apartments" has become more and more serious, and it has even become the financial case with the largest number of victims after P2P.
In response to this phenomenon, the state issued a draft for comments in a timely manner, clearly regulating the qualifications, behavior, supervision mechanism and legal responsibilities of housing leasing companies, which will stop leasing chaos and guide the healthy development of the industry.
After the regulations are promulgated, they will help protect the legitimate rights and interests of lessors and lessees. At the same time, they will regulate the behavior of intermediary industries and housing leasing companies, and help rectify chaos in the leasing market.
Standard division has yet to be clarified
Implementation rules need to be clear
Reporter: Do you have any amendments to the "Regulations on Housing Lease (Draft for Comment)"?
Han Yingwei: First, it is necessary to make the standard division of living space clearer; second, to clarify the implementation rules and supervision measures of various local regulations; third, in the rental market, tenants are generally in a disadvantaged group, and it is difficult for rental companies Proof of violations of the law.
In order to protect the reasonable rights and interests of tenants, the burden of proof can be reversed for such disputes. In the event of a dispute, the housing leasing company will take the initiative to assume the burden of proof.
Qin Bing: For all housing leasing, at least three issues should be emphasized.
First, protect the lessee; second, protect the sub-tenant (the lessee sublet the house after renting the house); third, in modern society, how to restrict the monopoly position of large enterprises in the rental market, or because Damage to the rights of specific tenants and sub-tenants caused by large companies' abuse of information advantages.
Lessees and sub-tenants face the advantages of landlords on the one hand and the advantages of large companies on the other. In this case, how to protect the property rights and privacy rights of tenants is more important.
The biggest bright spot in the draft for comments is the stipulation that "the lessor shall not enter the leased house without the consent of the lessee."
However, there are some disadvantages, such as what to do if the lessor enters the leased house without authorization.
Take the Road Traffic Safety Law as an example, which stipulates that white lines cannot be pressed, red lights cannot be run, and the consequences of violations of this type of behavior are very detailed.
However, this consultation draft only stated a principle, that is, "the lessor shall not enter the leased housing without authorization", and did not explain what to do if it enters.