A Research On The Habitability Of Housing In Housing Rental Market

With the development of urbanization in our country, more and more people are in need of house, which brings the rapid development of the real estate market and the prosperity of housing rental market, but also causes many new problems at the same time, especially those who change the own structure of house, so as to make the tenants in bad living condition and in face of hidden security risks. In 2006, Shanghai No.1 intermediate people’s court made a final decision about the dispute of "group-oriented leasing", making a deny of this rent form, establishing the habitability of housing in the point of view of the judicial practice. As for the present situation of housing rental market in our country, landlords occupy the active positions and tenants have no voice of the habitability of housing. As the first case about "group-oriented leasing" in our country, it makes the public focus on the problems of habitability of housing, arouses widespread concern and discussion, and provides the idea of writing this paper as well.In terms of the tenants, "group-oriented leasing" is a necessity, but in terms of the landlords, it is a profitable thing and at the same time meets the market demands. The negative influence of "group-oriented leasing" should not be ignored not only to the both sides of lease but also to the society and others. The problems of the habitability of housing beneath the phenomenon of "group-oriented leasing", This paper attempts to analyze and discuss the problems of the habitability of housing, then try to elaborate landlords’obligations of the habitability of housing, and finally put forward proposals and suggestions on housing rental systems in our country and also standardize our housing rental market. The body of this paper mainly includes the following five parts:Part 1 This part is based on the first case about "group-oriented leasing" in our country, to analyze the problems of the habitability of housing beneath the phenomenon of "group-oriented leasing", to present a clear definition of the concept of the habitability of housing, as well as the research scope and to fully understand the theoretical and practical significance of the habitability of housing.Part 2 This part is organized by two legal systems from the perspective of comparative law, which have completely different legal system and legal theory. It mainly introduces the habitability of housing legal system and theoretical basis respectively, including the case law system’s implied warranty liability in the habitability of housing and the civil law system’s liability for guaranteeing the drawbacks. Through this introduction we can have a systemic comprehension about the habitability of housing system which may arouse consideration about the problems of the habitability of housing in our country, and then take measures to standardize our housing rental market and build real suitable housing rental systems with our national conditions.Part 3 The habitability of housing is the foundation of the citizens’ housing right, and in turn the establishment of the citizens’ housing right can promote the realization of the habitability of housing. This part offers the legal basis and value of the habitability of housing in details, and understands it from the height of the citizens’ housing right, demonstrates the unique value of standardizing the housing rental market.Part 4 This part is concerned with three factors:safety, environment and affordable to definite the standard of habitability of housing, and then discusses the rights and obligations of both parties in housing rental relationship and further clarify the rights and obligations of the landlords and tenants.Part 5 The final part reviews and analyzes the current legislations on housing rental system and combine with the above arguments, tries to put forward opinions and suggestions on the legislations about the habitability of housing in housing rental market,further clarifies the responsibility and duty of related subjects, promoting the improvement of the housing rental market in our country.