The Legislative Council passed the third reading in October this year to control the rent of subdivided houses, and it will be implemented three months later, that is, at the end of January next year.
Concerned groups have expressed that the implementation of subdivided rent control is a good thing, and it is also a measure that many groups have been striving for in the past.
However, they believe that there are still many loopholes, frankly saying that rent control is only "better than nothing", and in actual operation, there are even "no expectations" from the grassroots.
Concerned groups worry that no matter how much rent increases are restricted, the scope of regulation, etc., sub-divided households have not been fully protected yet, and there has not been a "starting rent" set up so far. They are worried that after loopholes overlap, they will eventually become useless. more bluntly in this empty window period, there is Tang tenant has "body suffer," "there's moderate striking Bei generous owners ... have not implemented before rent control, rent the use of tight no starting generous loopholes" a fortune. ""
number A grassroots story tells them one after another about the sub-houses. In the face of their helplessness, can the government show the courage to solve the worries of the sub-house tenants and draw them back in the helpless darkness.
(Part V of the Vulnerability in Rent Management Vulnerability Series)
The problem of subdivided housing in Hong Kong is serious. In October this year, the Legislative Council passed the third reading of subdivided housing rent control.
(Photo by Li Zetong)
10% rent increase is too high
The subdivided rent management will limit the rate of rent increase. After the implementation in the future, after the completion of the first two-year lease period, the landlord can increase the rent once when renewing the lease. The increase cannot exceed the percentage change of the private residential rent index of the Evaluation Department. 10% "cap" mechanism.
Wu Kunlian, a member of the Kwai Chung Subdistrict Residents Alliance, believes that the increase in rent is unreasonable. “10% is actually quite expensive, and 5000 mosquitoes (rent) can already add 500 mosquitoes." Chen Yingtong, organizer of the Kwun Tong Subdistrict Residents Concern Group, also said, 10 % The rent increase rate is too high, so rent control is not very helpful. "In fact, 10% is already the rate at which the neighborhood usually increases rent."
No initial rent, some landlords have revealed that the rent will increase the rent first
The rate of rent increase is controlled, but the initial rent that has been required by the market has not yet been included in the scope of rent control.
The Secretary for Transport and Housing, Chen Fan, stated earlier that the rent data in the subdivided housing market is not yet available, so it is not feasible to set the initial rent at the moment.
Wu Kunlian worries that if there is no initial rent, the landlord will profit from the gray area. Even after the implementation of rent control, it will be difficult to regulate the problem of expensive rent.
Chen Yingtong also said that no initial rent is the "biggest loophole." When landlords start renting in disguise, they can already "increasing rent" first.
Wu Kunlian gave an example that the landlord has "admitted" to the tenant that the rent increase will be restricted in the future, and the rent will be increased first. In addition, the rent control has not yet been implemented. During this window of time, the landlord has taken the lead to increase the rent. , "There are some eye-catching landlords...have used the loopholes in the initial rent before the implementation of the rent control to "make a fortune."
Wu Kunlian, a member of the Kwai Chung Sub-House Residents Alliance, said that some landlords have "acknowledged" that they are restricted by the sub-house rent control and will increase the rent first when starting rent.
(Photo by Yu Junliang)
Unprotected social workers in squatters: actually more needed
According to the Sub-Rent Control Regulations, even after implementation in the future, some types of sub-divided houses will still be out of control, such as squatter houses and houses without building plans.
Wu Kunlian said that he understands that in terms of operation, these types of flats are difficult to regulate, and the number may not be as large as the mainstream sub-divided houses. However, in practice, these types of sub-divided houses are generally more remote and cheaper in rent, so rent these types of units. The affordability of subdivided households will be lower, so they are more in need. "Rents in squatter houses, or pigsty or village houses in remote areas, are actually more financially capable than ordinary subdivided households. worse."
Wu said that tenants were often in a "weak position" before the rent control was implemented. When the unit's facilities were damaged or malfunctioned, the landlord might not be willing to repair the unit's facilities. It often depends on whether he is a "good landlord" and will be willing to take responsibility. "Good luck, you may meet good landlords, but most landlords do substandard housing...maybe they just want to make more money." He said that in the past there were no legal restrictions, and many landlords just wanted to "save as much ", tenants have to repair themselves.
Although the implementation of subdivided rent management in the future may further protect tenants, he said that in the future there will be a group of unregulated subdivided tenants, and their impact may be even greater.
For example, he said that when there was wind, rain, etc., in the past, the roofs of squatter tenants were blown away, and some people’s toilets were blown torn. It is believed that these "neglected groups" can be covered when the government reviews rent control in the future.
Zhong Huixian, a member of the joint member of Concern for Basic Housing, also believes that if the government continues to turn a blind eye to the miserable housing of squatters and village houses and refuses to plug loopholes, it is worried that future owners will switch to these markets in order to circumvent legal supervision. This will lead to the continuous expansion of subsidized housing in the New Territories. The tragedy of the house will only be louder.
Chen Yingtong, organizer of the Kwun Tong Residents Concern Group, said that there are many loopholes in the management of the rent of the subdivided houses.
(Data Picture/Photo by Gao Zhongming)
The old tenancy agreement is not preserved. The landlord took the opportunity to sign a long-term tenancy agreement
Chen Yingtong also pointed out that another loophole in rent management is that the old tenancy agreement will not be protected.
Wu Kunlian said that some tenants have revealed that the landlord has never signed a lease, but now they are taking advantage of the empty window to sign the contract first, and even heard that some landlords have recently signed a 4-year lease with the tenants. Therefore, even if the rent control is implemented in the future, they will not be affected. control.
There is no standard lease, and the enforcement guidelines are in vain
In a report to the government earlier by the subdivided rent control research working group, it had suggested formulating a standard lease with mandatory clauses, in which the lease period was fixed at two years and the rent could not be increased during the period.
However, Chen Yingtong also pointed out that although the law is about to be implemented, no detailed information is available, such as samples of the official "standard tenancy agreement", departmental enforcement guidelines, etc., "January is about to start...what will be the implementation? No one knows. "She worries that if there is no adequate complaint mechanism, it will end up in vain.
The subdivided rent control regulations will be implemented next year, and the old leases made before the law takes effect will not be protected.
(Photo by Zhang Haowei)
Extended reading series:
Vulnerability in rent control for subdivided housing | Long window period is too long for a single parent to be forced to move away in fear after signing a contract for two months
Leakage in rent management | Tenants are forced to move back to porn and drug buildings after new leases are not protected
Leakage in rent management | Attic home for 20 years, the main landlord suddenly appeared to drive away tenants and disappeared
The loopholes in the management of sub-house rents | Forgotten squatter households reincarnate in the daily life of shared bathrooms and public toilets
Vulnerability in rent management | weak tenants and landlords take advantage of the empty window
Zhong Huixian also criticized that how the Rating and Valuation Department, which is responsible for law enforcement, enforces the law, what powers it has, and its enforcement procedures and strengths have always been issues that the government has not solved. This is because for example, if there is no enforcement of water and electricity, if there is no law enforcement, it is actually the same as the current situation of the family, and the neighbourhoods dare not say anything.” Even if the tenants come forward to report the misdeeds of the owners, does the Department of Estimates have the power to do so? The ruling still only instructs the tenant to file a claim with the Small Claims Tribunal. The latter will take a very long time and the lease will expire by then, and it will not help solve the problem at all.
In addition, the current ordinance "releases" the major landlords to vacate the second landlord and drive away the tenants. However, many landlords handed over the slips to the intermediary for management. The second landlord rents the subdivided houses from the major landlords and then rents out the rent to earn the difference. The government only appeals to the weak tenants. Renting a house from the big landlord, but after the search has been repeatedly tightened, who can guarantee that it is the big landlord who signed the contract?
Cases of forced evictions will only make a comeback in the future.
Zhong Huixian also pointed out that the rent management of subdivided houses did not specify the owner’s maintenance responsibilities. He stated that this was only an "obligation." He lamented that after the ordinance came into effect, the housing environment of disadvantaged subdivided tenants could hardly be improved, neither tenants nor concerned groups. Dare to have expectations.
She lamented that only half a month has passed since the rent control system took effect. The government had outsourced the social work team that promoted the ordinance earlier. The details have not been available. Not only the tenants but also the landlords are anxious and worried that they might fall into the law by mistake. network.
She made four major recommendations to the government, including freezing the initial rent as soon as possible, plugging loopholes in the forced eviction of squatters, village houses, and airborne landlords, setting a review period six months after the ordinance takes effect, and explaining the law enforcement procedures and strengthening promotion.