Real estate agents are prohibited from earning rent difference.
At present, there are some problems in China's housing rental market, such as publishing false housing information, maliciously deducting deposit rent, illegally using housing rental loans, forcibly expelling tenants, etc., which infringe on the legitimate rights and interests of renters and affect social harmony and stability. In this context, the Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, the Ministry of Public Security, the General Administration of Market Supervision, the China Banking Regulatory Commission and the National Network Information Office recently jointly issued the Opinions on Rectifying and Regulating the Order of the Housing Rental Market (hereinafter referred to as the Opinions) to standardize the business behavior of the main players in the housing rental market and protect the legitimate rights and interests of all parties in the housing rental market, especially the tenants.
For housing information, online publishing, service charges, lease financial control, etc. The "Opinions" put forward that it is necessary to strictly register and record management and truly release housing information; Rental service charges shall be clearly marked, and real estate brokerage agencies shall not earn housing rental price difference; Not to induce the use of housing rental consumer loans with rent concessions; Housing leasing companies that expand too fast will be interviewed to further strengthen the rectification and standardization of the leasing market.
In the industry's view, the Opinions cover a wide range, further standardizing the leasing market and safeguarding the legitimate rights and interests of lessees. It is of positive significance to consolidate the effect of the existing regulatory policies in the leasing market, promote the development of the leasing market in 2020, and make the business model of leasing enterprises more standardized.
Focus 1 housing
The listing information published by different channels should be consistent.
According to the Opinions, real estate brokerage agencies, housing leasing enterprises and online information platforms engaged in housing leasing activities, as well as units or individuals that sublet more than 65,438 sets (rooms) of housing, should register market entities according to law. The business scope of institutions engaged in housing leasing brokerage services shall be marked as "real estate brokerage", and the business scope of enterprises engaged in housing leasing business shall be marked as "housing leasing", and relevant records shall be handled.
The real estate brokerage institutions that have been put on record and the housing leasing enterprises and employees that have been declared to be open for business release housing information to the outside world, and shall ensure that the housing information is true and effective. The published house information shall be real name and indicate the information of institutions and stores, including the location, use, area, pictures, price and other contents of the house, in line with the requirements of real entrustment, real situation and real price.
The same institution and the same house can only be published once on the same network information platform, and the house information published by different channels should be consistent. Housing information that has been sold or revoked shall be revoked from various channels within 5 working days.
Focus 2 release
If the listing information is not maintained for more than 30 working days, it shall be revoked in time.
The "Opinions" put forward that the network information platform should verify the qualification of the subject of housing information release and the necessary information of housing. Institutions and employees who publish housing information shall verify the identity of institutions and the real employment information of employees, and shall not allow institutions and employees who do not have the qualification to publish, are included in the abnormal business list or the list of serious violations of law and dishonesty to publish housing information. If the owner of the house publishes the house information by himself, he shall verify the identity of the publisher and the authenticity of the house. Units or individuals that publish sublease information 10 sets (rooms) or more shall verify the business qualification of the publishing unit.
In addition, the network information platform should speed up the consolidated display of the same listing information, and promptly revoke the listing information that has not been maintained for more than 30 working days.
For institutions and employees who release housing information in violation of regulations, housing and urban-rural construction, network information and other departments should require the publishing subject and network information platform to delete relevant housing information, and the network information platform should limit or cancel its publishing authority.
Focus 3 charging
Real estate brokerage agencies shall not earn rent difference.
The "Opinions" require standardizing housing lease contracts and rental service charges. The housing lease contract concluded between a real estate brokerage institution and a housing lease enterprise shall be immediately filed for online signing. The online signing for the record shall use the model text of the housing lease contract formulated by the housing and urban-rural construction and market supervision departments. Cities that have not yet issued a model contract text should speed up the formulation of a model housing lease contract text.
In terms of rental service charges, real estate brokerage agencies and housing rental enterprises should clearly mark the price. Before charging, a list of fees should be issued, listing all service items, charging standards, charging amount and other contents, and signed by the parties for confirmation.
It is worth noting that the Opinions also suggest that real estate brokerage agencies may not earn the difference in housing rent, and that if the lessee and lessor renew the housing lease contract due, they may not charge commission again. When the term of the house lease contract expires, the remaining rent and deposit shall be returned to the lessee in time, in addition to offsetting the expenses stipulated in the contract.
Focus 4 loan
The lessee shall not be induced to use the housing rent consumption loan.
The "Opinions" put forward that financial supervision departments should strengthen the supervision of housing leasing financial business.
To carry out the housing lease loan business, it should be based on the housing lease contract signed by online filing, and according to the principle of matching the term of the housing lease contract, the wholesale rent period and the housing lease loan period, the loan period should not exceed the term of the housing lease contract, and the frequency of issuing loans should match the frequency of the borrower paying rent.
Housing leasing enterprises shall not require the lessee to use the housing rent consumption loan by means of concealment, deception or coercion, and shall not induce the lessee to use the housing rent consumption loan in the name of rent installment and rent concessions.
In terms of the management and control of leasing financial business, the housing and urban-rural construction department should strengthen the supervision of housing leasing enterprises that adopt the business model of "AG low rent" (paying the rent of the house owner is higher than charging the rent of the tenant) and "long rent and short payment" (charging the rent of the tenant is longer than paying the rent of the house owner).
In addition, the "Opinions" clarify that in the rental income of housing leasing enterprises, the proportion of housing leasing loans shall not exceed 30%, and those exceeding the proportion shall be adjusted before the end of 2022.
Focus 5 Supervision
We can talk about the housing rental enterprises that have expanded too fast.
The "Opinions" clarify that the supervision of leasing enterprises should be strengthened. For housing leasing enterprises that do not have the ability to continue to operate and expand too fast, measures can be taken to prevent and resolve risks, such as interviewing warnings, suspending online signing for filing, issuing risk warnings, and investigating according to laws and regulations.
Involving the illegal establishment of a fund pool and other financial order, the relevant regulatory authorities shall, in accordance with their duties, strengthen daily monitoring and investigate and deal with illegal acts; Involved in unlicensed operation, the implementation of price violations, the implementation of monopoly agreements and abuse of market dominance, the market supervision department shall investigate and deal with them according to law; Those who violate the administration of public security and commit crimes shall be investigated and dealt with by the public security organs according to law.
In addition, the Opinions suggest that municipalities directly under the central government, provincial capitals, cities with separate plans and other cities with strong rental demand should complete the construction of housing rental management service platforms by the end of 2020.
■ explanation
More stringent requirements are put forward for the construction of housing publishing platform.
In recent years, China's housing rental market has developed rapidly, which has played an important role in solving the housing problem of new citizens. However, there are still some problems in the housing rental market, such as publishing false housing information, maliciously deducting deposit and rent, illegally using housing rental loans and forcibly expelling tenants, which infringe on the legitimate rights and interests of renters and affect social harmony and stability.
According to reports, the Ministry of Housing and Urban-Rural Development and other six departments have carried out nationwide work to rectify the chaos of housing rental agencies and achieved initial results. On this basis, the Ministry of Housing and Urban-Rural Development and other six departments issued guidance to institutionalize and normalize the results of rectifying and standardizing the order of the housing rental market, so as to rectify and standardize the order of the housing rental market.
The department stressed that all localities should take the promulgation of the Opinions as an opportunity to combine "reform" with "standing", strengthen supervision, constantly rectify and standardize the order of the housing rental market, constantly optimize the housing rental market environment, and make people feel more at ease in renting houses.
Zhang Yangyang, secretary of the Party branch of Beijing Real Estate Agency Industry Association, pointed out in an interview with the Beijing News reporter that the Opinions summed up the effectiveness of the work and drew lessons from the advanced experience of some regions, which promoted the rectification and standardization of the housing rental market to a new height.
Jaco, Dean of the Branch of Anjuke Real Estate Research Institute, pointed out that the opinions directly pointed to the main problems existing in the current housing rental market, and put forward stricter and more detailed requirements on the authenticity of housing information, the compliance of housing itself and the construction of housing publishing platform, so as to achieve the goal of stable and orderly market, convenient and safe rental.
Wang Xiaoyu, an analyst at Zhuge Housing Search Data Research Center, pointed out that the contents of the Opinions cover a wide range, further standardizing the leasing market and safeguarding the legitimate rights and interests of tenants.
The main body of future rental supply will be a large number of rental agents.
In the industry's view, one of the highlights of the Opinions is to strengthen the management of employees. "This is the first time that it is explicitly required that housing leasing enterprises should push the opening information to the housing and urban-rural construction department before conducting business, and strengthen the supervision of housing leasing enterprises and employees, which can effectively solve the problem that enterprises and people cannot be found when problems arise." Zhang Yangyang said.
According to Betrox, president of Ba Le Rabbit Rental Research Institute, the Opinions foresaw and complied with the inevitable trend of the development of the housing rental market. With the further development of the industry and policy constraints, more professional housing leasing enterprises will join the industry, and informal personal behavior will also be transformed into professional institutional behavior. In the future, a large number of leasing institutions will constitute the main body of leasing supply in China, and the industry ecology will also focus on the market-oriented behavior of these institutions.
In addition, another highlight of the Opinions is to strengthen the management of housing information release. Zhang Yangyang pointed out that the Opinions clarified the standard of "real housing", that is, the release of housing should meet the requirements of real entrustment, real situation and real price, and indicate the information of institutions and employees. At the same time, the network information platform is required to verify the identity of the organization and the employment information of the personnel to further ensure the authenticity of the housing.
Individual real estate agents still earn the difference.
In view of the service charges in the housing rental market, the Opinions put forward that real estate brokers should not earn the housing rental price difference, and the lessee and lessor should not charge commission again when the housing rental contract expires.
In this regard, Zhao Xiuchi, vice-president and secretary-general of Beijing Real Estate Law Society and professor of capital university of economics and business, said that standardized real estate brokerage agencies should not earn the rent difference, but should earn service fees by providing brokerage services through matching transactions between the two parties. "At present, the services of real estate brokers are mostly standardized, and some small real estate brokers still earn the difference. Some real estate agents are not supervised, and it is difficult to fully incorporate them into supervision. " Zhao Xiuchi said.
Manage financial risks to prevent the explosive growth of the long-term rental apartment market.
In the past two years, the long-term rental apartment market has exploded frequently. Following the explosion in Le Jia, recently, long-term rental apartments such as Yueru Apartment, Nanjing Junchuang Company, Woke Apartment, Guo Chang Company, HangDeyu Technology and Guo Chang Apartment were exposed to be in arrears with the landlord's rent, resulting in problems in the capital chain. In this context, from the policy level, it is particularly necessary to clearly control financial risks.
Zhao Xiuchi said, "At present, it is difficult to get considerable income from renting houses. Excessive scale expansion will lead to the break of the capital chain, infringe on the interests of tenants and landlords, and have a negative impact on the market and industry. " Zhao Xiuchi said that on the one hand, relevant departments should strengthen supervision by filing the contracts of housing leasing enterprises on the leasing platform, and on the other hand, strengthen the management of trade associations.
Regarding the establishment of a complaint handling mechanism, Zhao Xiuchi said that enterprises and platforms should publish complaint reporting telephone numbers, set a time limit for handling complaints, and give timely feedback on the handling results to the parties. In addition, relevant information should be made public and linked to the credit system, and bad enterprises should be included in the "blacklist".
"The Opinions put forward specific and clear requirements for the housing lease loan business, showing concern about the' thunder explosion' incident of lease operators in recent years. Through prior financial supervision, the risks of such leasing institutions can be effectively reduced and the risks can be effectively improved. " Jaco said.
According to Yan Yuejin, research director of the think tank center of Yiju Research Institute, after the promulgation of the Opinions, it is expected that there will be various new requirements in terms of loan term and loan amount.
■ background
China speeds up the cultivation and development of housing rental market.
On February 23rd, 65438, the National Conference on Housing and Urban-Rural Construction was held in Beijing. Among them, in terms of housing leasing, the meeting pointed out that efforts should be made to cultivate and develop rental housing and promote the solution of housing problems for new citizens and other groups. Further cultivate institutionalized and large-scale leasing enterprises, and accelerate the establishment and improvement of government-led housing leasing management service platform. Focus on the development of policy rental housing, and explore the normative standards and operating mechanism of policy rental housing.
According to Li Wenjie, senior vice president of Keke Holding Co., Ltd., the opinions released this time echo the statement made by the Ministry of Housing and Urban-Rural Development in next year's housing and urban-rural construction requirements. The "Opinions" clarified the access of enterprises in the leasing market and delineated the industry boundaries to prevent some enterprises from evading supervision. At the same time, it can also effectively monitor the financial risks of leasing enterprises and avoid infringing on consumers' rights and interests as much as possible.
In fact, as early as 2065438+May 2006, the State Council issued "Several Opinions on Accelerating the Cultivation and Development of the Housing Leasing Market", clearly stating that a housing leasing market system with diversified suppliers, standardized business services and stable leasing relationship will basically be formed in 2020.
Based on this, in Yan Yuejin's view, six departments, including the Ministry of Housing and Urban-Rural Development, issued a document to better cooperate with the development of the rental market in 2020, which fully reflected the orientation of stabilizing rents and expectations in the rental market.
The stable and healthy development of the real estate market involves two aspects, one is the basic balance between supply and demand, the house price is relatively stable, and the other is to standardize the market order. In the past, we mainly focused on the healthy development of the market and the balance between supply and demand. In fact, the order of the real estate market is also very important. The opinions jointly issued by the six departments are of great significance for maintaining the order of large-scale market-oriented leasing market and safeguarding the rights and interests of market lessees and lessors.
—— Gu Yunchang, Deputy Director of the Housing Policy Expert Committee of the Ministry of Housing and Urban-Rural Development
Beijing News reporter Wu Jiaoying Zhang Xiaolan