Li Yige'S Column: Grasp The Rental Market As Much As The House Price

One of my friends is moving again. The experience of renting a house in a big city is a common phenomenon. If there is a suitable house to live in for a long time, who is willing to move frequently? Before moving, it takes several days to pack and sort out articles, and after moving, it takes several days to arrange and place articles. If the furniture is not complete, you have to buy it again.

Not to mention that every time I have to run around looking for a new house in non working hours, I finally like a flat, but the landlord always clenches his teeth and refuses to give in. If the rent does not rise, he is a kind-hearted owner.

The house shared by friends and others is not due. The reason is that the big landlord and the second landlord had a dispute, blaming each other and harming the tenants. Also in this process, the friend just knew that the second landlord actually ate the monthly rent difference of 2500 yuan! He collected a number of houses from different owners and rented them out through small agencies.

What are the laws and regulations about the behavior of the second landlord?

After reading the "housing rental regulations" (Draft) just released by the Ministry of housing and urban rural development, it is a pity that there is no corresponding clause in the draft for comments on the behavior of the above-mentioned two landlords who have made a big difference in their prices but have turned to the pot when they encounter problems. There is a provision in Article 59 that the maximum penalty for "earning rent difference" is a fine of more than 20000 yuan and less than 100000 yuan, and the business license is seriously revoked. However, this penalty is targeted at real estate brokerage agencies.

And this second landlord to eat the price difference, just a personal behavior, the middle to help him sign the lease contract of the small intermediary, did not eat the price difference. Several roommates complained that they had no choice but to move.

Housing rental legislation has been discussed for many years. It can be seen that today's "draft for comments" has absorbed the opinions of all parties. What can be standardized is as standardized as possible, but there is no surprise.

In the housing rental market, the lessors are in a relatively dominant position. On the basis of protecting the legitimate rights and interests of both civil subjects, the draft focuses more on regulating the behavior of lessors and their agents, and the proportion of penalties is the same. This is, of course, necessary. However, in addition to using contract law to regulate individual rental behavior, some innovative exploration can be made in special laws and regulations.

It is worth noting that our housing rental market is still dominated by personal housing resources, and the institutionalization rate accounts for only about 5%. Since 2017, long-term apartments have developed rapidly, but most of the housing resources operated by institutions are collected from owners. In the summer of 2018, there was a round of phenomenon in Beijing and other cities where operators collected housing resources at high prices, thus driving up rents. The draft for comments also stipulates that it should be included in the list of abnormal business operations.

However, I personally think that this regulation focuses on the disposal after the event, lacking of prior prevention and corresponding penalties. It is suggested that the clause should be preceded by "no" and added with penalties. Because the damage caused to the tenant after the house rent is raised is difficult to eliminate for a long time (rising is easy to fall), so we should take precautions first and pursue punishment later.

It must be admitted that for many years, I have been advocating the development of the housing rental market and standardizing the housing rental market. The reasons are as follows: first, the housing rental market is an integral part of the whole real estate market, and "renting and purchasing simultaneously" is one of the principles established by the central government to promote the healthy development of the real estate market; second, the so-called golden age of the real estate market is actually the golden age of the new housing sales market. With the slowdown of the growth rate of new housing, the stock housing will occupy more and more markets Share, a considerable part of them will enter the rental market, which is the main reason why the market value of shell looking for houses, which is mainly based on the transaction of stock houses, exceeds that of Vanke.

Third, and I personally think that the most important thing is that rental housing is not only the basis of housing security, but also one of the core of housing security. People who solve housing problems by renting housing are often relatively vulnerable groups, and therefore are the groups most in need of security and protection. However, over the past years, we have more left the housing rental market to the market for self-regulation. Although we have intervened when the rent rises too fast, our attention is limited and the effect is limited.

I would like to appeal once again that the housing rental market should be included in the regulation of the whole real estate market and into the long-term mechanism of real estate. We should grasp the housing rental market as much as we should pay attention to the housing price. We should standardize the leasing behavior of market participants, control the rent of houses, and resolutely curb the excessive rise of rent. We can even write the rent increase no more than the CPI increase of that year into the housing rental regulations.

As mentioned above, the institutionalization rate of China's housing rental market is only about 5%, while the proportion of mature economies is less than 25%, and the proportion of high is more than 50%, and even 80% in Japan. The supporting policies of the draft encourage the construction of rental housing through new land use and the issuance of REITs, but the incentive measures on the supply side are not enough.

For example, the use of collective construction land to build rental housing is an important channel to increase the supply of rental housing. Pilot projects are still in place, but progress is slow. In the supplementary provisions of the draft for comments, it is also written that "the leasing activities and supervision and management of houses built according to law on collective land shall be implemented with reference to these Regulations". However, the specific provisions on the construction of rental housing by using collective construction land may depend on other laws. I personally hope that the land management law under revision can add such contents.

Although our culture and consumption tradition is to own their own housing as the biggest pursuit, and "owning" is often referred to as "buying", it is obviously unrealistic for all people to buy houses, especially for young people who have just left school. The main body of the housing rental market is young people and low-income groups. To regulate the housing rental market and protect the legitimate rights and interests of both parties, especially the legitimate rights and interests of lessees, to a large extent, is to protect our young generation. They are the future of the city and the future of the times. In this sense, it is not too much to incline certain social resources to them.