Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Nasarre Aznar, Sergio; Garcia, Maria Olinda; Simón Moreno, Héctor; Xerri, Kurt; Molina Roig, Elga --- "Tenancies as an alternative to homeownership in Spain, Portugal and Malta? The legal drivers in a European context" [2018] ELECD 50; in Schmid, U. Christoph (ed), "Tenancy Law and Housing Policy in Europe" (Edward Elgar Publishing, 2018) 67

Book Title: Tenancy Law and Housing Policy in Europe

Editor(s): Schmid, U. Christoph

Publisher: Edward Elgar Publishing

ISBN: 9781788113977

Section: Chapter 3

Section Title: Tenancies as an alternative to homeownership in Spain, Portugal and Malta? The legal drivers in a European context

Author(s): Nasarre Aznar, Sergio; Garcia, Maria Olinda; Simón Moreno, Héctor; Xerri, Kurt; Molina Roig, Elga

Number of pages: 50

Abstract/Description:

Authors and social sectors promote tenancies as an effective alternative to homeownership, especially as a result of the 2007 mortgage crisis. However, ownership entails a range of values; among others, stability, which makes it particularly attractive. Quite often, urban leases do not offer the advantages or sufficient guarantees, for either landlords or tenants, to make them an attractive type of housing tenure. This chapter analyses legal tenancy frameworks in Spain, Portugal and Malta, including the most recent shifts towards the liberalization of the contractual relationship, in order to discuss whether urban leases in these countries constitute, in their legal configuration, a true alternative to homeownership. The German, Austrian and Swiss legal systems are also analysed briefly in order to draw parallels between the respective regimes as far as these are the European countries with the highest rates of rented dwellings.