CCTV News:On the 19th, China’s first regulation specifically for housing leasing and sales — — The Regulations on Housing Leasing and Sales Management (draft for comments) was issued, which includes housing leasing, housing sales, real estate brokerage services, supervision and management, legal responsibilities, etc., and regulates the housing leasing and sales market from multiple angles. What attracts people’s attention is that the regulations have carried out more ink on the rental market, among whichNearly half of the space focuses on how to protect renters.Equity.
For example, the regulations clearly stipulate that:
1. The lessor shall not use violence, threats or other coercive means to expel the lessee and recover the house;
2. If the frequency and extent of rent adjustment are not stipulated in the contract, the lessor shall not unilaterally increase the rent;
3. The people’s governments of municipalities directly under the central government, cities and counties shall establish a housing rent release system and regularly publish information such as the market rent level of sub-regions;
4. Encourage the lessor to sign a long-term housing lease contract with the lessee. If the parties sign a housing lease contract for more than 3 years and actually perform it, the local government should give relevant policy support.
At the Central Economic Work Conference held at the end of last year, it was clearly proposed to speed up the legislation of the housing rental market and accelerate the development of institutionalized and large-scale housing rental enterprises. At the beginning of this year, the State Council listed the legislation of housing rental market as an urgent project to deepen reform and included it in this year’s legislative work plan. What is the significance of this regulation when housing prices are high and many people can’t afford to buy a house? Is the beautiful era of renting really coming?
Give full play to flexible means to help the regulation of the property market
According to the latest data released by the National Bureau of Statistics, the year-on-year increase in the prices of new commercial housing in 15 first-tier and hot-spot second-tier cities nationwide all dropped in April, indicating that the regulation effect introduced since the middle and late March has gradually emerged. However, although the results are similar, top-down government regulation and bottom-up housing price reduction cannot be equated. Once the policy strength slows down, then house prices may rise again.
Therefore, compared with the demand-side measures such as "restricting purchases, loans, prices and sales", it is a flexible means in line with market rules to vigorously develop and standardize the housing rental market, thereby increasing the "supply pool" of housing.
Protecting the rights and interests of "vulnerable groups" reflects the determination of national legislation
In recent years, with the rapid development of housing leasing and sales market, problems such as insufficient protection of the rights and interests of the parties, irregular market order and imperfect supervision system have also followed. Among them, the housing rental market is particularly chaotic. The reporter’s investigation found that there are several outstanding manifestations of the imperfect development of the current rental market mechanism: First, the contract is not reported, and it is difficult to coordinate when a dispute occurs, while the tenant is in a weak position, and the situation of "bullying" is common, and it is difficult to protect rights; Second, problems such as group rent are outstanding; Third, tenants are generally insecure — — Landlord rent increases, the lease period is arbitrary, and the phenomenon of second landlord is repeatedly banned.
Some experts believe that speeding up the legislation of housing leasing market and establishing a housing system with both purchase and rent are important measures to solve the problems existing in housing leasing and sales, such as insufficient protection of the rights and interests of the parties, irregular market order and imperfect supervision system. At the same time, it also reflects the determination of state government agencies to adhere to open-door legislation, scientific legislation and democratic legislation, and to improve the quality of legislation and realize good laws and good governance.
Guarantee the supply of housing and improve the tenant’s right to speak
Specifically, the management regulations to be issued will improve the lessee’s right to speak and the stability of the contract, such as encouraging the signing of long-term housing lease contracts and putting forward requirements for ensuring the living environment and quality. These regulations can make the lessee more confident, but the specific effect depends on two factors:First, how effective the policy implementation is; The second is the supply and demand situation of the housing rental market.In the case of sufficient supply of rental housing, the lessee naturally has higher bargaining power and the policy implementation will be smoother. On the other hand, there is great resistance to the implementation of the policy, and tenants may still dare to be angry and dare not speak out under unfair treatment.
The good news is that some cities have actively introduced the land policy of self-sustaining rental housing, and some projects are also in the process of construction, which has laid a better development condition for the rental market.
Remediation of unhealthy rental market can squeeze the housing price bubble to some extent.
In addition, in the housing rental market, renters often play the role of "vulnerable groups". In this far from customer-friendly market, the lessee has to try his best to "fly over the madhouse", and when he has the opportunity, he will move to the housing market and buy his humble abode, even if he has to bear high debts for it.
Therefore, it can be said that the unhealthy rental market and speculative buying together gave birth to the housing price bubble. In the process of squeezing the bubble and returning the market to the normal track, it is imperative to further improve the housing system with both rent and purchase. The regulations to be issued are aimed at regulating the housing leasing behavior, protecting the legitimate rights and interests of the parties and ensuring the safety of transactions. Let renters feel more at ease.
The balance of interests between leasing and renting is the basis for the healthy development of the leasing market.
At the same time, it should also be noted that this draft for comments has made a lot of ink on the rental market, and many provisions involve protecting the rights and interests of tenants. But at the same time, the legitimate rights and interests of the lessor should be protected from infringement. Therefore, during the consultation period, we may hear many voices in this regard. After all, the relationship between lessor and lessee is not a zero-sum game, and finding the balance point between the rights and interests of both parties is the basis for the long-term healthy development of the housing rental market.
The healthy development of the property market also needs top-level policy design.
In addition, on the whole, since the middle and late March, a series of policies and measures have been introduced from ministries to localities to cool down the real estate market beyond the normal heat. These policies and measures have achieved good results, but although such "patch" policies can meet the immediate needs, the layered "patches" are far from maximizing the overall effect of the policies. Therefore, for the long-term healthy development of the property market,It is also necessary to carry out top-level design in policy formulation. Starting from the basic point that "houses are used for living, not for speculation", the previous policies are systematically planned and sorted out, and space is left for future market development.