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Sergio Nasarre-Aznar and Rosa Maria Garcia-Teruel

The present chapter examines the phenomenon of evictions and its relationship with homelessness in Spain from 2010–2017. The causes that have led to evictions are analysed, principally the lack of a functional diversified range of housing tenures and the negative consequences of the 2007 crisis that have led many households to overindebtedness, default, eviction and, in some cases, ultimately to homelessness. The chapter also covers the delayed response of the legislator to prevent, tackle and react to evictions primarily through transitory measures that have had limited success. The narrow scope of the ‘right to housing’ in Spain has contributed to this. Best practices and the need for continued development are also discussed. In addition, available data on evictions from mortgaged and rented property is provided for the period 2010–2015, which coexists with cases of home forced-removal such as dispossessions arising from divorces and domestic violence. Finally, the main causes for homelessness are analysed, and the relationship with evictions is outlined.

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Edited by Padraic Kenna, Sergio Nasarre-Aznar, Peter Sparkes and Christoph U. Schmid

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Edited by Padraic Kenna, Sergio Nasarre-Aznar, Peter Sparkes and Christoph U. Schmid

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Loss of Homes and Evictions across Europe

A Comparative Legal and Policy Examination

Edited by Padraic Kenna, Sergio Nasarre-Aznar, Peter Sparkes and Christoph U. Schmid

The loss of a home can lead to major violations of a person’s dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.
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Sergio Nasarre Aznar, Maria Olinda Garcia, Héctor Simón Moreno, Kurt Xerri and Elga Molina Roig

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.