Loss of Homes and Evictions across Europe
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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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Chapter 7: Evictions in the Netherlands

Michel Vols

Abstract

This chapter assesses the number of evictions in the Netherlands as well as the legal protection offered against eviction. Data shows that approximately 20 000 eviction judgments are given in the social rental sector every year. The main reason is rent arrears. The data also shows that approximately one-third of these judgments are actually executed. Evictions do take place in the private rental sector as well, but clear data is lacking. Although private rental tenants enjoyed the same level of tenure security as those in the social rental sector, recent legislation has introduced short-term leases and made the eviction of private rental tenants easier. In the owner-occupied sector, thousands of evictions occur every year, but precise data is lacking. The main reason is mortgage arrears. Another cause of evictions is administrative closures of premises due to drug-related crime. Research has found that local authorities close hundreds of residential properties each year. This chapter shows that Dutch law provides people at risk of eviction with robust legal protection. Under Dutch law, they are entitled to have the proportionality of the eviction assessed by a court. Nonetheless, quantitative analysis of eviction litigation finds that in most cases, proportionality defences do not have a significant impact.

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