Frequent “thunder” of the long-term rental apartment, ushered in the new regulatory rules. On February 2, Beijing Municipal Commission of housing and urban rural development, Beijing Municipal Bureau of market supervision, Beijing Municipal Bureau of finance, Beijing Municipal Office of information technology and Beijing Bureau of banking and insurance jointly issued the notice on regulating the business activities of housing rental enterprises in Beijing, which explicitly prohibited “long-term collection and short-term payment” for the first time, strictly controlled the objects of “rent loan” allocation, and the “rent loan” fund applied by the lessee shall not be allocated to housing rental enterprises, but only to housing rental enterprises Individuals. The new regulations will be formally implemented on March 1, 2021.
Highlight 1: “rent loan” can only be allocated to individuals
To encourage tenants to apply for “rent loan” by using the gimmick of paying rent monthly by installments, so as to obtain 12 months’ rent from banks or small loan institutions at one time, and then pay the rent to the landlord monthly or quarterly. An invisible pool of funds is formed between one in and one out. The funds in the pool should only be used to pay the rent, but there are also long-term apartment operators who play term mismatch. For example, they use the funds to collect the house from the landlord and continue to expand the market scale. Once the operation is blocked, “eight caps and ten bottles”, the capital chain will be tense or even broken.
The lack of regulatory “rent loan” and fund pool is the deep-seated reason for the frequent “thunder” of long-term rental apartments, and also the core content of the new regulations. According to the notice, the amount of rent collected in advance by housing leasing enterprises from lessees shall not exceed three months’ rent in principle, and the rent collection and payment cycle must match; the amount of deposit collected shall not exceed one month’s rent, and shall be managed through the special account established by Beijing real estate intermediary industry association; strictly control the allocation objects of “rent loan”, such as banking financial institutions, small loan companies, etc The institution shall not allocate the “rent loan” fund applied by the lessee to the housing leasing enterprise.
“After the tenant applies for the housing rental loan, the lending institution can issue the loan to the tenant, or directly to the landlord after signing the agreement, but not to the housing rental enterprise, its affiliated enterprises or stakeholders.” According to the relevant person in charge of the Municipal Commission of housing and urban rural development, leasing enterprises should establish a special account to gradually resolve the part of rent that has been collected in advance for more than three months and the stock “rent loan”; the deposit that has been collected in advance should also be included in the special account trusteeship, and the specific methods and processes of deposit trusteeship will be issued in the future.
Highlight 2: no compulsory charge for decoration
“When the lease expired, the deposit was not refunded.” “If you don’t reduce the price, it will cost 50000 yuan to decorate the furniture.” The occurrence of lease disputes affects the tenant’s living. In view of the slot between the tenant and the landlord, the new regulation has also issued a “prescription”.
According to the notice, housing rental enterprises should use the model text of housing rental contract in Beijing to avoid subsequent disputes caused by overlord terms and unclear agreement, and record the contract information in Beijing housing rental supervision platform within 3 days after signing the rental or rental contract. Enterprises that fail to record truthfully will be restricted from publishing housing information through the Internet.
Secondly, if the housing rental enterprise invests in the decoration of the rental housing, it shall obtain the written consent of the property owner. If the housing leasing enterprise cancels the contract ahead of time, it shall perform the responsibilities of all parties according to the contract, and shall not compulsorily charge decoration fees.
In terms of deposit refund, the notice also makes it clear that the housing rental enterprise shall notify Beijing real estate intermediary industry association to refund the deposit within 2 working days after the termination of the contract, and Beijing real estate intermediary industry association shall return the principal of the deposit and the deposit interest of the same period to the lessee within 1 working day.
Highlight 3: risk warning in case of serious circumstances
“The development of long-term rental apartments should be standardized, but it needs to be reiterated that the main policy tone of vigorously developing the housing rental market has not changed.” The relevant person in charge of the Municipal Commission of housing and urban rural development also said that Beijing will continue to support specialized and large-scale housing rental enterprises to hold houses and rent them according to law, and qualified housing rental enterprises can enjoy preferential policies such as taxation and finance according to regulations.
Of course, for those who will not correct, all departments will also strengthen joint supervision. According to the notice, if there are more violations of laws and regulations in housing rental service enterprises, the municipal housing and construction department shall list them in the list of key concerns and announce them to the public to remind them to choose carefully; if the circumstances are serious, they shall list them in the risk warning list and announce them to the public to warn them of major risks; according to the opinions of the housing and construction department, the market supervision department shall order the relevant subjects to stop publishing relevant advertisements in accordance with the law. If the network information platform fails to perform the responsibility of verifying and releasing the main body and housing source information, the network information department can take rectification measures for its relevant business according to the opinions of the housing and urban rural construction department.