Heavy!

New regulations for long-term rental apartment supervision in Beijing are here, "rental loans" can only be allocated to individuals

  Long-term rental apartments that frequently "explode" have ushered in new regulations.

On February 2, the Beijing Municipal Commission of Housing and Urban-Rural Development, the Municipal Market Supervision Bureau, the Municipal Finance Bureau, the Municipal Internet Information Office, and the Beijing Banking and Insurance Regulatory Bureau jointly issued the "Notice on Regulating the Operational Activities of Housing Leasing Enterprises in the City", which for the first time explicitly prohibited "Receive short-term payment", strictly control the "rent loan" appropriation objects, the "rent loan" funds applied by the lessee shall not be allocated to the housing leasing enterprise, only to individuals.

The new regulations will be officially implemented on March 1, 2021.

Highlight 1: "Rental loans" can only be allocated to individuals

  The gimmick of paying rent in installments is cheaper, encouraging tenants to apply for "rental loans" so that they can obtain 12 months of rent from banks or small loan institutions at once, and then pay rent to the landlord on a monthly or quarterly basis, one in and one out In time, an invisible pool of funds was formed.

The funds in the pool should only be used to pay rent, but there are also long-term rental apartment operators who play a maturity mismatch. For example, they use the funds to collect houses from the landlord and continue to expand the market scale. However, once the operation is blocked, "8 bottle caps" "10 bottles", the capital chain will be tight or even broken.

  The lack of regulated "rental loans" and capital pools is the deep-seated reason for the frequent "explosions" of long-term rental apartments, and is also the core content of the new regulations.

The notice clearly stated that, in principle, the amount of rent received by housing leasing companies from tenants in advance must not exceed 3 months rent, and the rent collection and payment cycles must match; the amount of deposit collected must not exceed 1 month rent, and it should be established through the Beijing Real Estate Agency Industry Association Custody of the special account for the “rental loan”; strictly control the “rental loan” appropriation objects. Banking financial institutions, small loan companies and other institutions shall not allocate the “rental loan” funds applied by the lessee to the housing leasing company.

  "After a tenant applies for a housing lease loan, the lending institution can issue the loan to the tenant, or directly issue it to the landlord after signing an agreement, but not to housing leasing companies, their affiliates or stakeholders." The relevant person in charge of the Construction Committee introduced that the rent part and the stock "rent loan" that have been collected in advance for more than 3 months, the leasing company must establish a special account to gradually resolve it; The specific methods and procedures will be followed up with supporting rules.

Highlight 2: No mandatory decoration fee

  "The lease expires, but the deposit paid at the time is not refunded." "If the price is not reduced, the contract will be terminated. The cost of decoration and furniture will be 50,000." The occurrence of lease disputes affects the tenant's settlement.

The new regulations also provide "prescriptions" for the slots between tenants and landlords.

  The notice proposes that housing leasing companies should use the model text of the city’s housing leasing contract, use the model text to avoid subsequent disputes caused by overlord clauses and unclear agreements, and publish the contract information on the Beijing housing leasing supervision platform within 3 days of signing the lease or rental housing contract Filing, companies that have not truthfully filed will restrict their release of housing information through the Internet.

  Secondly, if a housing leasing enterprise contributes funds to renovate the leased house, it shall obtain the written consent of the housing owner.

If a housing leasing company terminates the contract in advance, it shall perform the responsibilities of all parties in accordance with the contract and shall not compulsorily charge decoration fees.

  Regarding the refund of the deposit, the notice also clarified that the housing leasing company should notify the Beijing Real Estate Agency Industry Association to refund the deposit within 2 working days after the contract is terminated. The Beijing Real Estate Agency Industry Association shall return the principal of the deposit and the same period within 1 working day. The deposit interest is refunded to the lessee.

Highlight 3: Risk warning will be issued if the circumstances are serious

  “The development of long-term rental apartments needs to be standardized, but it needs to be reiterated that the main tone of the policy of vigorously developing the housing rental market remains unchanged.” The relevant person in charge of the Municipal Housing and Construction Commission also said that Beijing will continue to support specialized and large-scale housing rental companies. If there are houses and they are rented out in accordance with the law, qualified housing leasing companies can enjoy tax, financial and other preferential policies in accordance with regulations.

  Of course, for those who never make corrections, various departments will also strengthen joint supervision.

The notice stipulates that if housing rental service companies have many violations of laws and regulations, the municipal housing and construction department will be included in the key concern list and announced to the society, prompting cautious selection; serious cases will be included in the risk warning list and announced to the society to warn of major risks ; According to the opinions of the housing construction department, the market supervision department ordered the relevant entities to stop publishing relevant advertisements in accordance with laws and regulations.

If the network information platform fails to perform the responsibility of verifying and publishing the main body and housing information, the network information department may take rectification measures for its related businesses in accordance with the opinions of the housing and urban-rural construction department.

  Reporter Zhao Yingying