Overview of Rent Reduction and Exemption Policy
According to the "Shanghai Municipality Action Program for Accelerating Economic Recovery and Revitalization", which came into effect on June 1, 2022, and the relevant guidance and jurisprudence of the People's Court since 2020, the rent reduction and exemption policy is as follows: 1. Rent reduction and exemption policy is as follows: 1. For the micro and small enterprises and individual industrial and commercial tenants who are renting state-owned housing to engage in production activities 1. For small and micro enterprises and individual industrial and commercial households that rent state-owned housing to engage in production and business activities, compulsory rent reduction and exemption will be implemented, and the period of reduction and exemption will be six months. 2. For small and medium-sized enterprises and individual entrepreneurs renting commercial complexes, business buildings, professional markets, industrial parks, innovation bases and other non-state housing owners, incentives to reduce or waive the rent (subject to the consent of the lessor), advocating that the duration of the reduction or waiver is also six months. At the same time, the government has also taken the initiative to reduce the rent of the owners or business entities to give financial subsidies and tax concessions: according to the total amount of 30% of the total amount of rent reduction to give financial subsidies, up to 3 million yuan; reduce the corresponding property tax and urban land use tax; guide the bank to reduce the rent of housing lessor to give preferential interest rates on pledge loans and other support. There are many market players in the housing rental market, with lessors and lessees involving state-owned enterprises or institutions, private enterprises and natural persons. And although the law and policy documents stipulate the principle of rent reduction and exemption program, but in the face of a variety of market players and complex contractual relations, in the specific implementation and operation of the level, there are still many problems.The following is an analysis of how the rent reduction policy applies from the perspective of the lessor and the lessee, for reference.
Related Policy Provisions On March 28, 2022, the State-owned Assets Supervision and Administration Commission of the State Council issued the "Notice on Doing a Good Job of Reducing and Exempting Rent for Small and Medium-sized Enterprises and Individual Businesses in the Service Sector in 2022" (SASFAA Caixin ¨C No. 29, 2022), which stipulates that: the central enterprises shall, in accordance with the requirements of Document No. 271, classified as a high-risk area in the epidemic in 2022 The county-level administrative region (with reference to the national administrative division standards) within the central enterprises leased housing services small and medium-sized enterprises and individual entrepreneurs to reduce or waive the rent for six months (four quarters of the epidemic is listed as a high-risk areas, to be through the year back or the next year to reduce or waive the full amount of rent for six months), other areas to reduce or waive the rent for three months. 2022 May 25, the State Council State-owned Assets Supervision and Administration Commission issued a "notice on the central enterprises to help small and medium-sized enterprises to alleviate difficulties and promote synergistic development of the relevant matters" (State-owned Assets Development and Finance Assessment [2022] No. 40) stipulates that: the government of the location of the rented housing to introduce the rent reduction and waiver policy greater than the requirements of the 29th document, we must conscientiously implement the policy of the region to ensure that policies will not be discounted. 2022 May 29, the Shanghai Municipal People's Government issued the "Shanghai accelerate economic recovery and revitalization of the action plan" in the provisions: (B) expand the scope of housing rent reduction and exemption 4. State-owned housing leased to engage in production and business activities of small and medium enterprises and individual business households, exempted from submitting the impact of the epidemic materials, 2022 exempted from the six-month housing rent. For private non-enterprise units renting state-owned housing and having difficulties in operation, they will be exempted from paying six months' rent in 2022 with reference to small and micro enterprises and individual industrial and commercial households. Promote the central enterprises in Shanghai, other provinces and cities in Shanghai state-owned enterprises in reference to the provisions of the city, for small and micro enterprises and individual business households to reduce housing rent. The existence of indirect tenant situation, the subtenant does not enjoy the reduction policy, the relevant state-owned enterprises and institutions to ensure that the rent-free measures to benefit the final tenant. (Processing mode: application for enjoyment. Responsible units: Municipal State-owned Assets Supervision and Administration Commission, Municipal Finance Bureau, Municipal Civil Affairs Bureau, Municipal Economy and Information Technology Commission, Municipal Housing and Urban-Rural Development Administration Commission, Municipal Local Financial Supervision Bureau, Municipal Government Cooperation and Exchange Office, and the district governments) 5. Encourage and guide the owners or management bodies of commercial complexes, commercial buildings, professional markets, industrial parks, innovation bases and other non-state-owned houses to give six-month housing rentals to the ultimate tenants of the micro- and small-sized enterprises and individual businessmen. The owners or management bodies of non-state-owned housing such as commercial complexes, professional markets, industrial parks and innovation bases will be guided to provide six-month rent reductions and exemptions to small and micro enterprises and individual industrial and commercial tenants. Qualified non-state housing owners or management bodies, according to the total amount of rent reduction 30% subsidies, up to 3 million yuan, by the regional government is responsible for the implementation of the subsidy funds to implement the total financial budget control, by the city, district-level financial *** with the same commitment. Seriously affected by the epidemic and registered in Shanghai catering chain enterprises, branches or stores in line with the conditions of small and micro-enterprises and bear the cost of rent, can be regarded as small and micro-enterprises to enjoy housing rent reductions. (Processing method: application for enjoyment. Responsible unit: each district government, the Municipal Commission of Economy and Information Technology, the Municipal Commission of Commerce, the Municipal Science and Technology Commission, the Municipal Commission of Development and Reform, the Municipal Bureau of Finance) 6. The state-owned and non-state-owned market players who are entitled to housing rent exemptions or exemptions will be able to use non-contact handling and simple operational procedures to reduce or waive the corresponding property tax and urban land-use tax. Guiding banks to reduce housing rent to the lessor as needed to give preferential interest rate pledge loans and other support. (Processing method: application for enjoyment. Responsible units: Municipal Taxation Bureau, Municipal Local Financial Supervision Bureau, Shanghai headquarters of the People's Bank of China, Shanghai Banking and Insurance Supervision Bureau)Two, from the perspective of the lessor ("landlord") to analyze the policy of this rent reduction
Relevant Policy Provisions (1) The Supreme People's Court's "Guiding Opinions on Several Issues Concerning the Proper Trial of Civil Cases Involving the New Crown Pneumonia Epidemic in accordance with the Law (II)" (Fa Fa [2020] No. 17) stipulates that: the tenant of state-owned enterprise housing and government departments, universities, research institutes and other administrative institutions housing for business, affected by the epidemic or the epidemic prevention and control measures to the emergence of operating difficulties in the service industry small and micro-enterprises, individual businessmen and other lessees, and the lessor is requested to pay the rent according to the relevant national policies. Request the lessor in accordance with relevant state policies to exempt a certain period of rent, the people's court shall support. (2) Shanghai High Court issued a "series of questions and answers on the legal application of cases involving the new coronary pneumonia epidemic (2022 revised)" in the provisions of the lease of state-owned housing for business, by the epidemic or epidemic prevention and control measures affecting the operation of small and medium-sized enterprises, individual business tenants, requesting the lessor in accordance with the relevant policies of the Shanghai Municipality exempted from a reasonable period of rent, shall be supported.Three, from the perspective of the lessee ("tenant") to analyze the policy of this rent reduction
Relevant policy provisions (1) The Supreme People's Court "on the law on the appropriate trial of civil cases involving the new Crown Pneumonia outbreak of a number of issues of the guiding opinions (two) (Fa Fa [2020] No. 17) states: "leased non-state-owned housing for business, the epidemic or epidemic prevention and control measures lead to the lessee has no business income or business income significantly reduced, continue to pay rent in accordance with the original lease contract is obviously unfair to the lessee, the lessee requests rent reduction or waiver, extension of the term of the lease or postponement of the payment of rent, the people's court can guide the parties to With reference to the policy of rent reduction and exemption for mediation; mediation fails, should be combined with the actual situation of the case, according to the principle of fairness to change the contract." (2) "Shanghai's full anti-epidemic help enterprises to promote the development of a number of policies and measures" stipulates: "Encourage large commercial buildings, shopping malls, parks and other types of market operators in the negotiation on the basis of the entity operating tenants appropriate rent reduction, the government's various types of supportive policies to give priority to supporting the initiative of rent reduction and exemption of the market entity. For enterprises whose housing and land have been expropriated by the government in an emergency or who have taken the initiative to reduce or waive real estate rents for their tenants, and who have difficulties in paying property tax and urban land-use tax, they can be exempted from the corresponding property tax and urban land-use tax. Due to the rent reduction and exemption of state-owned enterprises and institutions affected by the performance of the assessment in accordance with the actual situation to be recognized." (3) The Shanghai High Court issued the "Series of Questions and Answers on the Application of Laws in Cases Involving the New Crown Pneumonia Epidemic (2022 Revision)", which states: "If the tenant rents a non-state-owned house for business operation, and there is no business income or a significant reduction in business income due to the epidemic or the epidemic prevention and control measures, and the tenant continues to pay the rent according to the lease contract, which is obviously unfair, and the tenant requests a reduction of rent, the tenant can request a reduction of rent for the property tax and urban land use tax. Fair, the lessee requests rent reduction, extension of the lease period or postponement of the payment of rent, can guide the parties to refer to the Shanghai Municipal policy on rent reduction and exemption of negotiation and mediation; negotiation and mediation fails, in line with the "People's Republic of China * * * and the National Code" Article 533 of the circumstances of the case can be combined with the actual situation of the case, according to the principle of fairness, the change of the contract agreement. Affected by the epidemic or epidemic prevention and control measures lead to the housing can not be used normally, the lessee to request the lessor to reduce or waive the rent for a certain period of time, may be supported as appropriate."Four, how to apply for/negotiate rent reduction
(a) the tenant of state-owned housing to apply for rent reduction process
1, eligibility query
The tenant can refer to the State Administration of Market Supervision of small and micro-enterprises The tenant may refer to the State Administration of Market Supervision's Small and Medium Enterprises Directory for a preliminary inquiry as to whether the tenant is a small and medium-sized enterprise. The service industry can be confirmed against the Provisions for the Classification of the Three Industries.2. Submission of application
Eligible lessees may submit a written application for exemption to the lessor (which may be submitted or mailed). The following materials (stamped) are required: (1) application form for rent reduction or exemption of state-owned housing; (2) copy of business license and lease contract; (3) small and micro-enterprises are required to provide a copy of the results of the inquiry of the small and micro-enterprise directory (stamped), and if you can't provide the results of the inquiry, you can agree with the lessor on other convenient and efficient ways of identification.3, acceptance of the application
State-owned housing rental units since the receipt of the lessee's application materials for rent reduction and waiver of the lessee's eligibility for reduction and waiver of standards for review.4. Implementation of the remission
After fulfilling the relevant procedures, the state-owned housing rental unit will sign a remission agreement with the eligible tenant and remit the rent according to the agreement. In the case of subletting, the state-owned housing rental unit may sign a remission agreement with the subletter and the final lessee***, and agree in the agreement that the subletter will remit all of the remitted rent to the final lessee.5, policy consultation
State-owned housing units are the implementation of the implementation of rent reduction and exemption of the main body, eligible lessees can consult the relevant policies and procedures, and if there is a dispute, you can also reflect the situation to the higher authorities of the state-owned housing units.(2) the process of applying for rent remission for non-state housing
The current policy does not compel the lessor of non-state commercial premises to remit rent, but merely encourages and advocates it. How to apply for a negotiated rent reduction from the lessor of non-state-owned housing? There are two common ways:1, negotiated settlement
Negotiated settlement includes several options: 1 the amount of rent in the range of 1-6 months rent appropriate reduction; 2 rent deferred payment; 3 in the original basis of free extension of the rental period; 4 negotiation in the less liable for breach of contract in the case of termination of the contract. As the local government to take the initiative to reduce the rent of the landlord or the main business to give financial subsidies and tax concessions: according to the reduction of 30% of the total amount of rent to give financial subsidies, up to 3 million yuan; reduce the corresponding property tax and urban land use tax; to guide the bank to reduce the rent of the housing lessor to give preferential interest rates on the pledge loan support, etc. As a result of the reduction of rent of the landlord or the main body to give financial assistance. Although there are policy documents that provide incentives to take the initiative to reduce rents, but because the owners of non-state housing or management subjects did not first directly access to financial subsidies, and policy documents are non-mandatory, so many owners of non-state housing or management subjects to avoid unnecessary trouble and possible losses, it is likely that they will choose to directly refuse to reduce the rent. At this time, the tenant can also help the landlord to apply for financial subsidies from the perspective of negotiation, the curve to apply for rent reduction. In the process of negotiation, pay attention to retain written evidence. As soon as possible after the consensus to sign a "supplementary agreement" and other ways to determine the program in writing.2, litigation or arbitration
The two sides failed to negotiate, the tenant can choose to take the initiative to the court or to the arbitration institution to apply for arbitration according to the contract.1) the lessee request for rent reduction to meet the conditions
The non-state commercial premises of the lessee whether to propose rent reduction or exemption to take into account two factors: First, whether the epidemic affects the normal use of housing, such as due to the division of the three districts, the lessee is unable to use the housing, or due to the epidemic prevention and control requirements of the shutdown of the production and other circumstances;. Secondly, whether the epidemic has led to a significant loss of the lessee's operating income, such as the normal business, business volume plummeted, operating income and rent there is a huge gap between the situation, specific need to be combined with the use of the lease and the industry to determine the type. In the case of (2021) Shanghai 0112 Minchu 21516, the Minhang Court held that: the lease of the house in question is for office use, the epidemic did not affect the normal use of the tenant, and therefore did not support the tenant's request for rent reduction. In the case of (2020) Shanghai 0115 Minchu 49014, the Pudong court held that: the tenant's use of the leased premises is the operation of the oral medical industry, during the epidemic is a high-risk industry, the epidemic on the tenant's business will indeed have a greater impact, and therefore support the tenant's request for rent remission.2) The evidence that the tenant must focus on in order to prosecute
Evidence of the inability to use the house normally: the regional government departments issued by the prevention and control of the document, the three zones of the determination of the announcement; property closure control of the suspension of business notice; including the date of the photographs with the seals; application for the resumption of production and re-operation of the materials were not approved, etc.The tenant's business was in the middle of the epidemic.
Evidence of significant impairment of operating income: bank statements, invoicing records, tax returns, special audit reports, utility bills, internal resolutions. Note that the requirement here is a significant impairment, i.e., no income or a significant decrease, and does not require that the enterprise has no funds.3) How much rent can the tenant claim to reduce
Shanghai's decision after the 2020 outbreak was basically in favor of reducing half of the rent during the closure period as the upper limit, which needs to be analyzed on a case-by-case basis. In the case of (2021) Shanghai 01 Civil Final No. 5883, the First Intermediate Court of Shanghai reduced the rent payable by Ailand for February and March 2020 by half a month each.Fifth, revelation: how to avoid such disputes in advance
In order to avoid the possible epidemic during the rent of commercial premises, it is recommended that the relevant circumstances in the conclusion of the contract on the written agreement. For example: 1, adjust the corresponding contract terms, force majeure, breach of contract, contract termination and other provisions to make a clear agreement, such as increasing the force majeure event rent reduction. 2, the epidemic causes delay in the payment of rent, such as exemption from interest during the period of delay, or agree on the maximum period of delay. 3, the housing security deposit refund situation, such as force majeure and the need to cancel the contract, the agreement to return the security deposit. These force majeure events such as epidemics and other force majeure protection clauses signed, greatly reducing the pressure faced by the tenant during the epidemic. And in the face of corresponding disputes, the tenant can directly prioritize the application of the written agreement, and will be negotiated or arbitration, prosecution as the second way to defend their rights.