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Tenancy Law and Housing Policy in Europe

Towards Regulatory Equilibrium Edited by Christoph U. Schmid, Director of the Centre of European Law and Politics (ZERP), Bremen University, Germany
Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.
Extent: 384 pp
Hardback Price: $165.00 Web: $148.50
Publication Date: January 2018
ISBN: 978 1 78811 397 7
Availability: Not yet published (pre-order)
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  • Law - Academic
  • European Law
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  • Law of Obligations
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Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.

Despite the lack of EU legislation, policies and legislation in areas ranging from anti-poverty, energy and tax to consumer law and human rights have generated important, though largely unnoticed, collateral effects on the field. This book opens by presenting a representative picture of the social, economic and legal embeddedness of this sector in Western, Central and Eastern Europe. Contributions then deal more narrowly with the legal regulation of different jurisdictions’ tenancy contracts.

Tenancy Law and Housing Policy in Europe makes a significant contribution to our understanding of issues in tenancy and housing that will be welcomed by academics and advanced students in law across Europe.
Contributors include: S.N. Aznar, E. Bargelli, R. Bianchi, M. Drofenik, M.O. Garcia, M. Habdas, M.E.A. Haffner, J. Hegedüs, V. Horváth, A. Hussar, M. Jordan, J. Juul-Sandberg, A. Klopp, I. Kull, Š. Mežnar, H.S. Moreno, P. Norberg, G. Panek, E.M. Roig, C.U. Schmid, K. Xerri
























Contents:

Preface

Introduction
1. The role of private renting in France and the Netherlands compared
Marietta E.A. Haffner

2. Central and east European housing regimes in the light of private rental sector development
József Hegedüs and Vera Horváth

3. Tenancies as an alternative to homeownership in Spain, Portugal and Malta? The legal drivers in a European context
Sergio Nasarre Aznar, Maria Olinda Garcia, Héctor Simón Moreno, Kurt Xerri and Elga Molina Roig

4. Black market and residential tenancy contracts in housing in southern Europe: new trends in private law measures
Elena Bargelli and Ranieri Bianchi

5. The (in)effectiveness of tenancy in Slovenia, Croatia and Serbia – is law part of the problem or the solution?
Špelca Mežnar and Maša Drofenik

6. Elements of stability of tenancy relations in Baltic states
Irene Kull and Ave Hussar

7. Balancing the rights of tenants and landlords in the context of rent regulation – national experiences in the light of ECtHR case-law
Magdalena Habdas and Grzegorz Panek

8. The assured shorthold tenancy in a European context: extremity of tenancy law on the fringes of Europe
Mark Jordan

9. Rent control and other aspects of tenancy law in Sweden, Denmark and Finland – how can a balance be struck between protection of tenants’ rights and landlords’ ownership rights in welfare states?
Per Norberg and Jakob Juul-Sandberg

10. The role of tenancy law in the tenant countries Switzerland, Austria and Germany – Macroeconomic benefits through a balanced legal infrastructure?
Annika Klopp and Christoph Schmid

11. Epilogue: towards a European role in tenancy law and housing policy

Index