Rent a house without supply, the contract has overlord clauses, and new regulations are introduced to regulate the rental market.

On September 1 day this year, the Beijing Housing Lease Regulations came into effect. This local law provides for "blocking" group rent and "black intermediary" not refunding the deposit.

The housing rental market covers a wide range and is closely related to the daily life of ordinary people. "Xinhua Viewpoint" reporter learned that recently, many policies and measures have been introduced to regulate housing leasing, which puts forward more clear requirements for safeguarding consumer rights and interests.

There are many complaints about renting houses and many new regulations have been introduced.

The reporter's investigation found that some local housing rental market problems still exist. On the black cat complaint platform, the reporter searched with the keyword "renting a house" and found that * * * had more than 30,000 complaints; Among them, there are many complaints about non-refund of deposit by leasing institutions, and more than 3000 complaints were retrieved from/kloc-0 with "lease deposit" as the key word. In addition, there are many complaints about "partition" of renting houses and "overlord clauses" of contracts.

At the end of July this year, Qingdao Housing and Urban-Rural Development Bureau issued the Notice on Complaints of Housing Leasing Enterprises in the First Half of 2022, and announced the top ten housing leasing enterprises in the first half of this year. The circular pointed out that in the course of operation, these enterprises mainly have some problems, such as malicious deduction of deposits, rent and other deposits, nonstandard leasing of additional services, poor service attitude, and untimely handling of complaints from parties, which seriously disrupted the market order.

In view of the problems existing in the housing rental market, since this year, local regulations or related regulatory provisions on housing rental have been promulgated and implemented in many places.

In June this year, 65438+ 10 1, the Detailed Rules for the Supervision and Implementation of Housing Leasing Transaction Funds in Shanghai (for Trial Implementation) jointly issued by Shanghai Housing Management Bureau of China and Shanghai Supervision Bureau of China Banking Regulatory Commission came into effect. In the second half of this year, the Standing Committee of Shanghai Municipal People's Congress will also promote legislative projects such as housing lease regulations. In April, Guangzhou Housing and Urban-Rural Development Bureau issued the Notice of Guangzhou Housing and Urban-Rural Development Bureau on Regulating the Housing Rental Market. In May, the Standing Committee of Beijing Municipal People's Congress deliberated and passed the Regulations of Beijing Municipality on Housing Lease, which came into effect in September. In August, Wuhan Housing Security and Housing Administration issued the Detailed Rules for the Implementation of Housing Leasing Funds in Wuhan (Trial).

In addition, this year, Qingdao, Shijiazhuang, Hefei, Zhengzhou, Fuzhou, Wuxi and other places have also introduced housing rental related policies.

Huang Hui, a senior analyst at RealData, believes that strengthening the rectification and standardization of the housing rental market in various places is a powerful measure to control the housing rental market, aiming at curbing the phenomenon that leasing institutions infringe on the rights and interests of tenants and landlords.

Safeguard the rights and interests of tenants and standardize the leasing market.

The reporter found out that most of the housing lease regulations issued in various places are aimed at some problems strongly reflected by the masses, such as the deposit or rent not being refunded, the intermediary "stopping supply", etc., focusing on protecting the rights and interests of the lessee and standardizing the order of the housing lease market.

-Strengthen fund supervision to ensure the safety of tenants' funds.

Recently, Zhengzhou's housing leasing platform has launched the function of "supervision of housing leasing funds". All housing leasing enterprises should choose the supervision bank connected with the platform, open the only special supervision account, and bring the rent and deposit paid by the lessee into supervision as required.

"Many people who rent houses are young people with low incomes. Thousands of dollars in rent and deposits may affect their lives. " Li, executive director of Beijing Aokun Law Firm, said that if the deposit is not refunded, according to the law, tenants can sue in court, but due to the high cost and long time of litigation, many tenants can only submit to humiliation.

The Regulations of Beijing Municipality on Housing Leasing stipulates that the deposit charged by housing leasing enterprises to the lessee shall generally not exceed one month's rent, and shall be managed through a special account of a third party according to the regulations. According to Shanghai regulations, the rent and deposit charged by the housing leasing business organization to the lessee shall be directly deposited into the supervision account by the lessee; The funds obtained by individual "rental loan" are directly lent to the supervision account by the lending institution. Shenzhen requires that enterprises engaged in housing leasing business in Shenzhen should open special bank accounts to collect the lessee's deposit and rent, and the supervision funds should not be used at will.

-Managing "split" group renting houses to ensure the safety of citizens.

Many places expressly stipulate that it is not allowed to change the building structure without authorization to ensure public safety. For example, the Regulations of Beijing Municipality on Housing Lease stipulates that renting a house should "take the room originally planned and designed as the smallest rental unit, and it is not allowed to cut off the room and change the internal structure of the house", and provides specific punishment measures for related illegal acts. The newly revised Regulations on Urban Housing Lease in Guangdong Province clearly stipulates that "during the lease period, if the lessee rebuilds, expands or changes the use and structure of the house, it must obtain the consent of the lessor."

-Strengthen contract filing management and standardize the leasing market.

"Beijing Housing Lease Regulations" stipulates that "the lessor shall, within 30 days from the date of concluding the housing lease contract, handle the housing lease registration with the district housing and urban and rural construction or housing authorities where the leased house is located." According to the regulations of Shanghai, all housing leasing activities within the administrative area of Shanghai should be filed through online signing. Nanjing, Hangzhou, Guangzhou and other cities rely on the leasing platform to carry out online contract signing and filing, grasp the leasing operation of enterprises in real time, and urge leasing enterprises and brokerage institutions to file.

Implement the responsibilities of all parties and strengthen dynamic control.

The industry believes that the number of rental houses is large and the scope is wide. To strengthen the supervision of the housing rental market, it is necessary for all localities and departments to further strengthen law enforcement, compact their responsibilities, sink into the community, establish management ledgers, and strengthen dynamic control.

It is reported that after the formal implementation of the Beijing Housing Leasing Regulations, the Beijing Municipal Commission of Housing and Urban-Rural Development will fully enforce the regulations, especially for long-term rentals, short rent, group rentals and Internet platforms that have been included in legislative matters for the first time, and carry out special law enforcement to seriously deal with illegal activities of market participants.

Li believes that the "Beijing Housing Lease Regulations" provides penalties for many irregular behaviors, which has a strong demonstration role in protecting the lease relationship, standardizing the lease market and protecting the rights and interests of the people. In the next step, with the acceleration of legislation and the introduction of rules and regulations in various places, it will effectively promote the healthy development of the housing leasing industry, and gradually solve the problems of low contract filing rate and difficulty in refunding the deposit by tenants.

Zhao Xiuchi, a professor of capital university of economics and business and vice president of Beijing Real Estate Law Society, suggested that local regulatory authorities should unblock complaint channels, expose them in time, and take the initiative to reduce the cost of renters' rights protection. In response to the problem of "off-supply" group rent, local housing and construction departments, public security, fire departments and other departments should strengthen linkage and cooperate closely, investigate and deal with violations according to law, and eliminate potential safety hazards. In view of the low filing rate of lease contracts, all localities can formulate some reward and punishment measures according to local conditions, standardize the use of contracts, promote the filing rate, and solve the long-standing problems such as "unclear base" in the market.

In addition, Huang Hui believes that it is necessary to further improve the credit system of the housing leasing industry and strengthen the credit management of lessors, lessees and leasing enterprises. In June this year, the Housing and Construction Bureau of Jinan issued the Measures for the Integrity Management of Real Estate Intermediary Industry in Jinan, which comprehensively evaluated and graded the integrity of housing leasing enterprises and employees in the city. This practice has certain demonstration significance.

Experts said that from the perspective of industry development, the current development model of the leasing industry is still relatively simple. At the same time, due to the imperfect professional certification and personnel training system for employees, the supply of professional services is insufficient. We should further promote the institutionalized and professional operation of the housing rental market, cultivate relevant professionals, establish and improve industry standards in product structure, service experience and post-lease service, and promote the development of the housing rental industry in a standardized, refined and professional direction.