Chinanews.com, Beijing, February 2 (Reporter Yu Lixiao) In response to violations such as "long income and short payment", "high entry and low exit" in some long-term rental apartments, which led to frequent lightning incidents, new regulations were issued on Beijing 2nd. Including restrictions on the amount of rent collected by housing leasing companies in advance, and prohibiting the "long-term receipt and short-payment" business model.
Five departments including the Beijing Municipal Commission of Housing and Urban-Rural Development, the Market Supervision Administration, and the Financial Bureau jointly issued the "Notice on Regulating the Operational Activities of Beijing's Housing Leasing Enterprises" (the "Notice") to report information on restrictions on capital pools and strengthening of opening , Strengthen the management of lease contracts, refine decoration regulations, establish lease dispute mediation mechanisms, strengthen joint supervision, etc., comprehensively strengthen the supervision of the business activities of decentralized long-term rental apartment enterprises, prevent operating risks in the housing leasing industry, and effectively safeguard the housing leasing of the people in the capital Consumption legal rights.
The "Notice" will be implemented on March 1.
Restricting the "fund pool" of housing leasing companies is the core content of the new regulations.
The "Notice" clearly stipulates that the amount of rent collected in advance from tenants cannot exceed 3 months of rent, and the rent collection period should match.
The "Notice" clearly stated that it is necessary to strictly control the "rent loan" appropriation objects, and banking financial institutions, small loan companies, etc. cannot allocate the "rent loan" funds applied by tenants to housing leasing companies.
In terms of deposits, the "Notice" requires that the amount of deposits collected by housing leasing companies shall not exceed one month's rent.
After the enterprise collects the deposit, it must be custody through a special account established by the Beijing Real Estate Intermediary Industry Association (referred to as the Association), and the enterprise cannot use or embezzle it without authorization.
The "Notice" also clarified the time limit and process for the refund of the deposit, stipulating that the enterprise should notify the association within 2 working days of the termination of the contract to return the deposit, and the association will return the deposit and the interest of the deposit to the tenant within 1 working day.
In terms of leasing contracts, the "Notice" requires that housing leasing companies use the Beijing housing leasing contract model text, and file on the Beijing housing leasing supervision platform within 3 days of signing the lease or rental housing contract, and restrict their approval to companies that fail to file truthfully. Publish housing information on the Internet.
Regarding the decoration of leased houses, the "Notice" stipulates that housing leasing companies must obtain the written consent of the property owner if they fund to renovate the leased houses; if the housing leasing companies terminate the contract in advance, they shall not charge decoration fees.
Zhao Xiuchi, vice president and secretary-general of the Beijing Real Estate Law Society, stated that the "fund pool" formed by some long-term apartment companies through "rental loans" and "long-term receipts and short-term payments" is the "culprit" that caused thunder.
"In the case of excessive financialization on the tenant side, once the market fluctuates or the business management is poorly managed, it is very easy to break the capital chain, resulting in damage to both the homeowner and the guest." Zhao Xiuchi believes that the new regulations target this. Question, put forward a series of highly targeted regulatory measures, which will effectively promote the healthy and stable development of the market and effectively protect the legitimate rights and interests of all parties to the lease, especially the lessee.
Lou Jianbo, director of the Real Estate Law Research Center of Peking University, said that in recent years, the housing leasing industry has experienced a rapid development process, and many new situations and problems have been exposed in the development of the market.
Lou Jianbo believes that the new regulations introduced by Beijing this time are based on the rapid development of the industry, enterprise exploration, trial and error, market fluctuations, and experience and practices, and put forward a series of targeted regulatory measures, which are the development of the long-term rental apartment industry. It pointed out the direction and drew the boundary for the future business behavior of housing leasing companies.
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