영국의 차임규제에 관한 연구

• 영문명: Study on the rent regulation in England and Wales
• 발행기관: 한국민사법학회
• 저자명: 이은희(Lee, Eun-Hee)
• 간행물 정보: 『민사법학』제34호, 513~563쪽, 전체 51쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.12.31

영문 초록

South Korea s Residential Tenancy Protection Act provides that the landlord can increase the rent during the term by reason of a change of circumstances and that the increase should not exceed 5%. Except this provision, the Act imposes no restriction on the rent level. In Korea most residential tenancies has a fixed term of two years. If the landlord requests an excessive rise in rent as the condition of re-grant, the tenant has to move to another house unless he can afford the rent increase. So it is argued that rent regulation should be introduced by reference to policies abroad. I would like to get lessons on rent regulation policy from the history of rent regulation in England and Wales, where since 1915, there have been three main statutory regimes for regulating rents: rent control, rent regulation and assured tenancies scheme. Rent control started in the 1915 legislation and continued through to 1980. Rent controls in 1915 and 1939 were introduced in national emergencies to avoid riots caused by rent rises. The effect of the 1915 Act was to freeze rents at the level which existed on August 3, 1914. The protection of tenants against eviction at the end of their lease was also provided so that the rent control would not ineffective (s 1(3)). This Act was applied to the properties whose net rateable value was £26 (£35 in London) or below. Between the Wars the Rent Restrictions Act were reviewed five times. The Increase of Rent and Mortgage Interest (Restrictions) Act 1919 permitted increases of 10% in rent levels and doubled the rateable value limits. These controls and their subsequent amendments up to 1939, only applied to houses already in existence in April 1919, not to new building. The Rent and Mortgage Interest Restrictions Act 1939 froze rents at their September 1939 levels. These would be 1914 rent plus 40% for (some 3 million) accommodation that had remained subject to control through the inter-war years, or market rents for accommodation that had been decontrolled or had been built after 1919. Decontrol recommenced in the 1950s. By the Housing Repairs and Rents Act 1954 all new housing built or converted for letting was placed outside Rent Act control. The Rent Act of 1957 decontrolled all houses with rateable values above £30(£40 in London). Other properties would be decontrolled when the landlord obtained vacant possession. It was during this period that Mr. Rachman gained notoriety. His strategy involved buying up properties with controlled rents and offering tenants money to leave the property; he relet the properties exploiting the lack of controls on furnished properties. If tenants refused to leave, he made their lives uncomfortable. By the Rent Act 1965 a new system of rent registration was introduced. The rent was to be a fair rent determined by rent officers or rent assessment committees. Rents as registered could be re-registered not less than three years later, which provided a mechanism that could allow for general inflation of costs and prices. The rateable value limits for this protection were set at £200(£400 in Greater London). So most of the houses which had become decontrolled under the 1957 Act were brought within the scope. The fair rents policy marked an implicit acceptance on the part of a Labour government that in general the market is the appropriate mechanism for setting the level of rents in the private rented sector. The Rent Act 1965 did not touch controlled rents. Registered rents were much more advantageous to landlords than were controlled rents under the 1957 Act. The first move to transfer lettings from control to regulation was made by the Housing Act 1969, which provided for such a transfer of dwellings provided with standard amenities and in good r

목차

Ⅰ. 서

Ⅱ. 차임규제의 역사

Ⅲ. 공정차임제도

Ⅳ. 보증임대차제도

Ⅴ. 결

키워드

차임규제 영국 차임법 공정차임 보증임대차 rent regulation Rent Acts fair rent assured tenancy