There are two kinds of black intermediaries, one is the black intermediary who runs the business without obtaining relevant qualifications, and the other is the black intermediary who specializes in deceiving people. There are many routines of this kind of black intermediary, which makes tenants and landlords hard to prevent. At present, the low illegal cost of intermediary companies is an important reason for the difficulty of black intermediary governance.
Improve the housing rental market mechanism, increase supply, expand market players on a large scale, stabilize the rental relationship, strengthen the protection of rights and interests, and improve service quality. At the same time, strengthen the training of intermediary service personnel, improve their quality, implement the employee registration system and vocational training system, encourage real estate agents to take the national evaluation grade examination, and implement service grade classification.
Publishing false houses, setting various contract traps, forcing tenants to sign overlord clauses, sitting on the ground to raise prices, deducting deposits, and forcing people to move out by means of violence and intimidation ... The chaos in the housing rental market has made many renters lament that it is impossible to prevent the "routine" of renting houses now, and you may fall into the trap if you are not careful.
With the strengthening of the regulation of the property market, the supervision of the relevant departments on the housing rental market has become stricter, and many well-known intermediary companies have been interviewed. Since the beginning of this year, in response to the chaos in the housing rental market, the central and local governments have joined hands to point the finger at the biggest "stubborn disease" in the housing rental market-the black intermediary.
On September 19, the Ministry of Housing and Urban-Rural Development held a promotion meeting on the special rectification of housing rental intermediary chaos. The meeting emphasized the importance and urgency of carrying out the special rectification work on the theme of "Do not forget your initiative mind, Keep in mind the mission", and demanded that the special rectification of housing leasing intermediary chaos be carried out nationwide, and that acts infringing on the legitimate rights and interests of housing leasing parties be severely cracked down.
On September 26, Minister of Housing and Urban-Rural Development Wang publicly stated that it is necessary to vigorously develop and cultivate the housing rental market, implement various support policies, increase the effective supply of rental housing, and focus on solving the housing problems of new citizens and other groups.
The "Legal Daily" reporter learned that Shaanxi, Beijing, Shenzhen, Guangzhou, Hefei, Nanjing, Zhuhai, Changchun, Nanning and other places have successively introduced new regulations on housing leasing, and promoted the healthy development of the housing leasing market by increasing the supply of housing, standardizing market management and cracking down on illegal intermediaries.
Black intermediaries play tricks to deceive people.
Most of the victims are fresh graduates.
Beijing at the end of September is still hot, and there is no feeling of coolness in autumn.
At eight o'clock in the evening, Xiaoyu (a pseudonym) just got off work from the company and had no time to have dinner, so he hurried on the subway to see the house. This is the sixth time that he has looked at the house in the past three months. Recalling the experience of meeting a black agent when renting a house for the first time two months ago, Xiaoyu said, "It was really like a nightmare."
At the beginning of July this year, Xiaoyu University came to work in Beijing after graduation, and immediately joined the army of finding a house. It happened that a classmate rented a three-bedroom apartment, and his classmate and his fellow villager had a bedroom, so Xiaoyu shared it. I didn't expect to rent a house so smoothly. Xiaoyu felt very happy.
But what I didn't expect was that they would "cry" soon after living for less than two months. The intermediary told them on the phone that "the local street office should engage in community environmental governance, and all houses with potential safety hazards and suspected illegal construction will be retired and rented". Because the inspection time is approaching, Xiaoyu is limited to move out within three days. At first, the intermediary was polite, but when it came to refunding the deposit, the attitude of the intermediary changed obviously and began to find fault.
The agent first said that the TV remote control was lost, and then pointed to several black spots on the roof of the living room and said it was dirty. In addition, the bathroom floor tile cracked and the gas stove switch was broken. These questions will be deducted. Finally, when the "losses" are added together, the deposit and the remaining rent will be deducted.
"We just started working and often work overtime. We just come back to sleep at night and don't watch TV or cook at ordinary times. There was only one TV at home when I checked in, and I didn't see the remote control. As for the black spots on the roof, we can't get dirty in such a high place. " Xiaoyu said, but it is useless to explain it anyway. The other party doesn't make sense at all, only blame themselves for their inexperience. They didn't carefully check the house items and facilities when they inspected the house.
At first, Xiaoyu quarreled with others. Seeing that the situation was not good, the intermediary called a group of strong men and claimed to drive them out. "Because I have to go to work the next day, I finally have to compromise and give up the deposit. It was already past two in the morning, and it was dark outside. We took our luggage downstairs and couldn't help crying. "
Afterwards, Xiaoyu wanted to report to the relevant departments, but when he found the original intermediary store, he had already gone to the building before he knew that he had met a black intermediary.
In fact, Xiaoyu's experience is not a case. In reality, most of the victims of the "black intermediary" are newly graduated college students and migrant workers who come to Beijing to find jobs. They have just joined the work or just entered the society. They don't have much savings and no relevant experience, and they are particularly vulnerable to being targeted by black intermediaries.
Mr. Yu, who once worked in a well-known housing agency, told the reporter of Legal Daily: "There are actually two kinds of black intermediaries we are talking about. One is a black intermediary who runs business without obtaining relevant qualifications, and the other is a black intermediary who specializes in deceiving people. There are many routines of this kind of black intermediary, which makes tenants and landlords hard to prevent. For example, maliciously renting a house that the landlord no longer rents to a tenant, waiting for the landlord to drive the tenant away, while the intermediary embezzles the tenant's rent and deposit. "
One of the most common routines is illegal group renting, that is, illegal partition in the rented room, and the number of renters far exceeds the number of renters per household stipulated by the housing and construction department. Subsequently, the black intermediary reported to the relevant departments and accepted the investigation. After the landlord evicts the tenant, he will introduce the house to the evicted tenant for a second charge. As for the deposit and rent paid by the tenant before, it will go away.
Some tenants will continue to ask for property fees, service fees and management fees after staying for a period of time. If not, call harassment, knock at the door in the middle of the night, threaten to move out by means of water and electricity cuts, or lie that the landlord wants to take back the house in advance, and the house leaks and needs maintenance, forcing it to move out, taking the opportunity to keep the remaining rent and deposit of the tenant for himself.
In addition, if the tenant wants to refund the rent for his own reasons after moving in, the intermediary will threaten him and forcibly occupy the remaining rent and deposit. Some black intermediaries will also set unequal terms in the contract. For example, if the lessee does not vacate the house at the expiration of the lease term, it will be regarded as giving up the ownership of the items in the house.
Refractory chronic diseases have various causes.
It is urgent to strengthen standardized governance.
An online media once launched an investigation on major real estate information service platforms. The results show that about 75% users have been cheated by fake houses in different situations, and nearly 50% users think that the real information on the Internet is not more than half.
After the 19th National Congress of the Communist Party of China, China began to implement the policy of both renting and selling. Only by regulating the intermediary behavior in the real estate leasing market can we ensure that everyone can have a home. However, the governance of black intermediaries is not achieved overnight, and it is very difficult to standardize and rectify. What is the reason?
Zhu Shuying, the founding director of Shanghai Jianwei Law Firm, the executive director of China Real Estate Association and the executive director of the Legal Affairs Committee, believes that this is mainly due to the imperfect development of intermediary industry in China's real estate leasing market. Intermediary industry is dominated by small enterprises, and the number of large companies is small. Moreover, the low market cost and competitive technology threshold of housing leasing intermediary lead to the bad state of low-price competition, and consumers will eventually pay the bill.
"In addition, the entry threshold for the market intermediary industry is too low. With the implementation of China's policy of decentralization, many small intermediary companies need to register their business licenses first, and only need to go to the housing and construction department for the record. The low barriers to entry make it easy for some small intermediary companies to be outside the supervision of government functional departments. " Zhu Shuying said.
Liu Junhai, a professor at Renmin University of China Law School, believes that the low illegal cost of intermediary companies is also an important reason why black intermediaries are difficult to govern. Now the company registration cost is low. If something goes wrong, the small intermediary company can cancel it quickly. As soon as the news spread, the original team started again and continued to engage in illegal intermediary leasing services, which increased the difficulty of cracking down.
At the same time, the quality of intermediary service personnel is uneven. Intermediary companies do not pay enough attention to the professional quality training of intermediary service personnel, simply pursue economic interests, and have low requirements for the education, cultivation and professional background of employees. Moreover, the turnover of intermediary service personnel is large and the basic salary is very low, which leads to the low service level of the whole industry and the irregular development of the industry.
So how to strengthen governance? Zhu Shuying suggested improving the housing rental market mechanism, increasing supply, expanding market players on a large scale, stabilizing the rental relationship, strengthening the protection of rights and interests, and improving service quality. At the same time, strengthen the training of intermediary service personnel, improve their quality, implement the registration system and vocational training system for employees, encourage real estate agents to take the national evaluation grade examination, and implement service grade classification.
Liu Junhai believes that it is still necessary to improve the construction of the credit system, gradually establish a credit file management platform for real estate agents, and implement the filing management of intermediaries. Regularly publish the credit files of real estate agencies, accept reports and complaints, and feedback the results. At the same time, it is necessary to establish a joint disciplinary system for dishonesty and a multi-sectoral linkage supervision mechanism, and increase supervision and inspection of real estate brokerage institutions.
Special rectification continued.
A long-term mechanism is being established.
In recent years, relevant departments have stepped up efforts to rectify such chaos. Especially in the past two years, the Ministry of Housing and Urban-Rural Development has resorted to "thunder means" to crack down on black intermediaries.
20 18 At the end of June, the Ministry of Housing and Urban-Rural Development, together with Publicity Department of the Communist Party of China, the Ministry of Public Security, the Ministry of Justice, the State Administration of Taxation, the General Administration of Market Supervision, the China Banking Regulatory Commission and other ministries, launched a special campaign to control the chaos in the real estate market in 30 cities including Beijing and Shanghai from the beginning of July to the end of February. Focus on cracking down on chaos in the housing market, including real estate black intermediaries, including violent eviction of tenants, binding fees, yin-yang contracts, compulsory agency services, misappropriation of client funds, and participation in real estate speculation.
Later, the Ministry of Housing and Urban-Rural Development informed the whole country of the list of illegal real estate agencies in batches. Taking Beijing as an example, since 20 19, the Beijing Municipal Commission of Housing and Urban-Rural Development has further promoted the special work of eliminating evils in the real estate market, and * * * investigated and dealt with illegal acts of real estate agencies 22 1. Among them, we will focus on rectifying the real estate market chaos such as incomplete release entrustment procedures, illegal leasing, illegal group leasing, false housing information, commercial housing reform, and school district housing speculation.
On September 19, the Ministry of Housing and Urban-Rural Development held a special meeting to promote the management of housing rental agency chaos. The meeting stressed that it is necessary to correct and investigate illegal acts of housing leasing intermediaries through special rectification, resolutely ban a number of black intermediaries, effectively curb the chaos of housing leasing intermediaries, speed up the construction of long-term mechanisms, continuously optimize the housing leasing market environment, and make people feel more at ease in renting houses.
At the same time, some local governments have also accelerated the pace of rectification of rental housing chaos. For example, Zhuhai and Beijing have clear regulations on personal living area and partition room in housing leasing.
On July 8, the Beijing Municipal Commission of Housing and Urban-Rural Development and other departments issued three model contracts: Beijing House Leasing Contract, Beijing House Leasing Brokerage Service Contract and Beijing House Leasing Brokerage Service Contract. It is stipulated that the internal structure of the house shall not be changed, the per capita living area of the rented house shall not be less than 5 square meters, and the number of people living in each room shall not exceed 2. Illegal group renting is prohibited.
Zhuhai stipulates that the lessor should rent the house according to the building, floor, suite and room. The room of the original house is the smallest rental unit, and the non-living space such as kitchen, bathroom, balcony and underground storage room shall not be rented separately; Ensure that the rental house has basic living and safety facilities, the indoor space meets the requirements of the national residential design code, and the living area provided reaches the per capita construction area 15 square meter.
In this regard, lawyer Zhu Shuying believes that these regulations reflect the orientation of strict control over the leasing market. Group renting has been recognized by many low-income groups in the actual process, but there are many security risks. This kind of control can better correct the hidden dangers of housing leasing.