Residential Tenancies Research Articles

Navigating Power and Claiming Justice: Tenant Experiences at Saskatchewan’s Housing Law Tribunal

This article discusses a qualitative interview project where twenty tenants shared their experiences about having hearings at the Office of Residential Tenancies [the ORT], Saskatchewan’s housing law tribunal. The interviews provide insights into housing problems faced by tenants, their experiences with self-representation at the ORT, and their reflections about the outcomes of their cases. We analyze how tenants prepared for their hearings, their experiences of the hearing process, and their perceptions of fairness throughout the process. We then discuss participants’ assessments of whether they received “justice” at the ORT. The interviews illuminate the ways that the same patterns of power and inequality that produce housing problems in the first place persist but are also occasionally interrupted and exposed in the housing tribunal process. They show also that tenants use the ORT to make important claims about justice and to resist landlord power in the face of larger patterns of inequality and exploitation.

IMPLEMENTATION OF THE CONCEPT OF "FAMILY" IN THE MODERN SOCIETY

There is a continuous debate in the public space on the need for a legal framework for the partnership institute to ensure equal legal security for the family, regardless of the existence or non-existence of the legal fact of its foundation. The fundamental aspects of the debate include the insufficient regulatory framework and vulnerability of partners before the law, divergent national views on partnerships as a union between opposite-sex partners, religious beliefs condemning non-marital relationships, including the existing property issues in the context of partnerships. According to the Author of the Paper, the existing partnerships in Latvia are discriminated in favour for the marriage due to the moral views and legal aspects, as the individual living in the partnership is restricted in terms of access to information and is vulnerable in terms of property rights. For example, when an individual lives in the partnership, he or she is denied the right to be informed about the health status of the other partner and the existing liabilities in credit institutions. In cohabitation, the individual is not recognised as a member of the family of the tenant for the purpose of the Law on Residential Tenancy and the potential consequences of the partnership may be the denied right to inheritance or tenancy.Main methods used: sociological method for analysing the compliance of laws and regulations with public interests and aims.

The Economics of Leasing

AbstractLeasing may be the most important legal institution that has received virtually no systematic scholarly attention. Real property leasing is familiar in the context of residential tenancies. But it is also widely used in commercial contexts, including office buildings and shopping centers. Personal property leasing, which was rarely encountered before World War II, has more recently exploded on a world-wide basis, with everything from autos to farm equipment to airplanes being leased. This article seeks to develop a composite picture of the defining features of leases and why leasing is such a widespread and highly successful economic institution. The reasons fall under three general headings. (i) Leasing is an attractive method of financing the acquisition of assets, especially for persons who have limited capital or would like to conserve their capital and cash flows for other purposes. (ii) Leasing is a device for minimizing the risks that either lessees or lessors associate with owning assets; although leasing also creates risks, various lease modifications have been developed to manage these derivative risks. (iii) By dividing the rights to an asset between lessor and lessee, leasing permits the parties to specialize in different functions and to solve various impediments to contracting that would be difficult to overcome among separate owners. Understanding the economic advantages of leasing is an important first step in considering possible legal reforms of leasing.

Landlords’ Perception on the Introduction of the Residential Tenancy Act (RTA)

Deficiency of firm regulations administering the tenancy process has resulted in recurred disputes over a long span of years. This study analyzed the landlord's perception on the introduction of the Residential Tenancy Act (RTA) by examining landlords' acceptance or refusal. This study applied the descriptive analysis method on 50 questionnaire surveys distributed to landlords in Gombak district. Results showed that 70% of the respondents agreed on the introduction of RTA, while deposit payment is the most preferred principal concept to be consolidated in RTA. These results have recommended strategies to boost the landlord's acceptance of RTA.Keywords: Rental Housing; Landlord; Tenant; Residential Tenancy ActeISSN: 2398-4287 © 2019. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.DOI: https://doi.org/10.21834/e-bpj.v4i12.1823

Globalization versus redistribution? Egalitarian policies in a competitive world economy

A reduction of impediments to international flows of goods, capital and professional labor is thought to raise the economic costs of programs by the nation state (and labor unions) to redistribute income to the poor and to provide economic security. But some of the more politically and economically successful examples of such policies—for example, Nordic social democracy and East Asian land reform—have occurred in small open economies which would, on the above account, provide a prohibitive environment for egalitarian interventions. I present a model of globalization and redistribution to answer the following question: in a liberalized world economy, what programs of egalitarian redistribution and social insurance are implementable by democratic nation states acting independently? While in the absence of international coordination, globalization indeed makes it difficult for nation states to affect the relative (after tax) prices of mobile goods and factors of production and for this and other reasons may limit the effectiveness of some conventional strategies of redistribution, a large class of state and trade union interventions leading to substantial improvements in the wages, employment prospects, and economic security of workers is not ruled out by globalization. Included are redistributions of assets which provide efficient solutions to incentive problems arising in principal agent relationships such as wage employment, farm and residential tenancy.

Housing in crisis: A qualitative study of the socio-legal contexts of residential evictions in Vancouver’s Downtown Eastside

BackgroundPeople who use drugs (PWUD) commonly experience housing vulnerability due to the intersection of drug laws, housing policies, gentrification, and social marginalization. Housing vulnerability produces social suffering amongst PWUD and is linked to health and social harms. In Vancouver, Canada, the rapid gentrification of the Downtown Eastside – a low-income inner-city neighbourhood – and the lack of affordable housing has led to residential evictions emerging as a key community concern. This study sought to understand the policies and practices that produced evictions among PWUD, situating vulnerabilities to evictions within the context of wider structural vulnerability of PWUD. MethodsBetween June 2015 and March 2016, baseline and 3–6 month follow-up qualitative interviews were conducted with recently evicted (past 60 days) PWUD in the Downtown Eastside. Participants were recruited by Peer Research Assistants. Baseline interviews (n = 56) focused on causes and socio-legal contexts of evictions, with follow-up interviews (n = 41) focusing on longer-term impacts. Interviews were analyzed thematically and interpreted by drawing on the concept of structural vulnerability. ResultsMost participants were evicted unlawfully, unfairly, and into homelessness. Participants were rendered structurally vulnerable to unlawful evictions by the shortcomings of existing residential tenancy laws and current dispute mechanisms. Residents of non-profit buildings, for whom it was unclear if provincial residential protections apply, found their housing security further undermined through the denial of rights extended to privately-housed tenants. Attempts to assert tenant rights further increased participants’ vulnerability to eviction through landlord retaliation and targeting. ConclusionFindings demonstrate the inadequacy of existing housing policies and tenancy supports to account for the structural vulnerability of PWUD and their role in driving harms. Policy reforms are needed to address unlawful evictions and increase tenancy security, and must be accompanied by low-barrier interventions to more fully address this key driver of social suffering among PWUD.

АКТУАЛЬНЫЕ ВОПРОСЫ ВЫПЛАТЫ СОТРУДНИКАМ УГОЛОВНО-ИСПОЛНИТЕЛЬНОЙ СИСТЕМЫ КОМПЕНСАЦИИ ЗА НАЕМ ЖИЛОГО ПОМЕЩЕНИЯ

АКТУАЛЬНЫЕ ВОПРОСЫ ВЫПЛАТЫ СОТРУДНИКАМ УГОЛОВНО-ИСПОЛНИТЕЛЬНОЙ СИСТЕМЫ КОМПЕНСАЦИИ ЗА НАЕМ ЖИЛОГО ПОМЕЩЕНИЯ

The limited rights of residential licensees in Ireland: A case for carefully targeted legal reform

Abstract Increasing numbers of people live under residential licences as a result of pressure on the housing market. Residential licences arise in disparate circumstances, including in house shares, under the rent-a-room scheme and where people live in their parents’ home. This paper outlines the legal construct of licences: at base, a permission to reside. It sets out factors that distinguish licences from tenancies, in particular the absence of exclusive possession. While licences are subject to minimal regulation in comparison to tenancies, this paper presents licensors’ and licencees’ rights in their constitutional, common-law and statutory context, including standards of accommodation and ‘packing-up’ periods. It reflects on the constitutional position presented by a licensee under a licensor’s tenancy obtaining the right to become a tenant under the Residential Tenancies Act, 2004–16. In particular, it probes whether constitutional rights to the inviolability of the dwelling may be balanced in favour of augmenting licensees’ rights. In this context it posits potential for reform while highlighting the regulatory challenge presented by heterogeneous forms of licences.

Home-Sharing in South Australia: Protecting the Rights of Hosts, Guests, and Neighbours

Internet facilitated home-sharing services like Airbnb present new challenges for South Australian law because they appear to create seemingly novel legal relationships. This article considers whether South Australian law adequately protects the rights of hosts, guests and neighbours who are affected by home-sharing agreements. It argues, first, that home-sharing is currently a legal activity and land use in most of South Australia; secondly, that the relationships between host and guest are capable of being recognised under residential tenancy and property law; and thirdly, that while current legislation protects home-sharing neighbours living in strata housing, the law of private nuisance is not capable of protecting the rest. This article concludes that the rights of the host and guest are capable of being recognised and regulated by existing domestic law; however, it suggests that local councils should set up home-sharing complaints systems to protect neighbours.

Airbnb and Residential Tenancy Laws: Do 'Home Sharing' Arrangements Constitute A Licence or a Lease?

Airbnb and Residential Tenancy Laws: Do 'Home Sharing' Arrangements Constitute A Licence or a Lease?

Problems in Residential Tenancy Law Revealed by Holler v Osaki

This article argues that the recent series of judgments in the Holler v Osaki litigation reveals concerning features of our residential tenancy law contained in the Residential Tenancies Act 1986 and its application by the Tenancy Tribunal and the courts. The law relating to residential tenancies is important: it regulates both tenants' ability to access the basic need of shelter and to satisfy their desire for home, and the financial investments of landlords. It is meant to allow landlords and tenants to understand their rights and obligations so that they may apply the law to their situations without legal assistance. However, Holler v Osaki illustrates the vagueness and therefore uncertainty concerning key legal rules within the Act, which led to the pre-existing understanding of the law being upended and the paralysis of the Tenancy Tribunal's ability to deal with careless damage. This article also highlights inconsistencies in the decisions of Tenancy Tribunal adjudicators, who applied completely different interpretations of the law to substantially identical facts.

Holler V. Osaki: The Careless Tenant Exonerated

The author examines the New Zealand Court of Appeal’s reasoning in Holler v Osaki [2016] NZCA 130. The Court held exoneration provisions in the Property Law Act 2007 were general principles of law so could be read into the Residential Tenancies Act 1986 and found no inconsistency between the two statutes. This decision means residential tenants can be exonerated from accidental, careless or negligent damage liability under certain circumstances. The author discusses provisions in the Property Law Act 2007 which are more likely to be general principles of law – instead of exoneration provisions – which the Court failed to consider. Inconsistencies between the Property Law Act 2007 and Residential Tenancies Act 1986 are identified and an in-depth analysis of the legislative background of both statutes is carried out using a purposive approach to interpretation. The author states the Court’s decision could fairly be described as instrumentalist. While policy considerations may support the outcome, the two key legal issues were answered incorrectly by the Court.

One Strike, Three Strikes

In October 2015, following an election promise by the NSW Coalition government to crack down on crime and anti-social behaviour in public housing, the NSW Parliament passed the Residential Tenancies and Housing Legislation Amendment (Public Housing - Antisocial Behaviour) Act 2015 (NSW) ('the PHAB amendments'). The main purpose of the PHAB amendments is to effect schemes for terminating social housing tenancies upon 'three strikes' (three instances of breach of the tenant's obligations under their tenancy agreement) or 'one strike' (a single instance of serious criminal offending).

Security of Tenure for Generation Rent: Irish and Scottish Approaches

As fewer people are able to make the transition into home ownership, more New Zealand households do not have adequate security of tenure due to the lack of durational protections in the Residential Tenancies Act 1986. This article shows that Ireland and Scotland are comparable jurisdictions that have moved to regimes providing durational protections to residential tenants, allowing them to choose to remain in their home for a specified number of years or indefinitely, subject to a limited set of grounds for which the landlord may terminate the tenancy. We should consider these examples and take steps to provide greater durational protections, so that more New Zealanders may have homes that provide them with stable foundations on which they may build their lives.

Housing Problems and Residential Tenancy Law Developments in South Korea

Housing Problems and Residential Tenancy Law Developments in South Korea

Creation of Tenancy in Public Housing

People living in public housing who are not named on the tenancy agreement can be summarily evicted when the tenancy agreement comes to an end, for example by the death of the tenant. The Residential Tenancies Act 1997 (Vic) allows such people to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order that they be made a tenant at the premises. However VCAT has consistently refused such applications, giving much weight to the ‘orderly administration’ of the public housing waiting list, rather than the human rights of the person being evicted from their home. The enactment of the Charter of Human Rights and Responsibilities Act 2006 (Vic), which includes the right to home and the right to protection of the family unit, has forced VCAT to consider the human rights involved in applications for creation of a tenancy agreement.

Economic and legal conflicts between landlords and tenants in the Hungarian private rental sector

After privatisation in the 1990s, the Hungarian public rental sector decreased sharply in size, from 23% to 3% by 2012. Meanwhile, against expectations, the private rental sector (PRS) did not undergo dynamic growth either, its official share now being 4%. The PRS seems to suffer from a number of defects. The tax and subsidy environment makes it unattractive for both potential landlords and tenants. Moreover, the legal environment – under-regulated tenant–landlord relations and an ineffective legal conflict resolution system – increases the risk inherent in private residential tenancy contracts. The absence of professional landlords is indicative of the lack of incentives to enter the private rental market. Yet, private rental lives on, if only for a lack of other options in many cases. Typically, landlords are accidental second homeowners and typical tenants are households that are excluded from other forms of housing provision. After a brief overview of the current state of the sector and its history, this paper will focus on the economic and legal conflicts between landlords and tenants, and will consider critically the constraints on the development of the PRS after the transition.

The Reallocation of Disputes From Courts to Administrative Agencies

This research paper, commissioned by the Ontario Civil Justice Review, explores whether administrative agencies may, because of institutional characteristics particular to them, provide a better forum for dealing with certain types of civil disputes. The first part of the paper examines the possible reasons for favouring administrative agencies over courts for resolving civil disputes. Part 2 considers factors limiting the effectiveness of administrative agencies as alternatives to the courts, including the constraints imposed by section 96 of the Constitution Act, 1867, the increasing judicialization of the administrative process, and problems relating to the authoritativeness of administrative decision-making. Part 3 develops a set of criteria for identifying specific types of disputes that might be more effectively resolved through an administrative structure. On the basis of these criteria, part 4 examines residential tenancies as an area of dispute which could potentially be reallocated from the courts to an administrative agency, as well as the measures required to make such a transfer of responsibility feasible and justified.

European Dimensions of Residential Tenancy LawThis contribution presents the cooperative project ‘Tenancy Law and Housing Policy in the EU’ (www.tenlaw.uni-bremen.de) under the EU’s Seventh Research Framework Programme, which is coordinated by the Centre of European Law and Politics (ZERP) at Bremen University. The consortium is further composed of the Universities Southampton, Pisa, Tarragona, Lund, Katowice, Tartu, Celje, Delft and the

Abstract Although one third of European citizens depend on rental housing, its legal regulation in residential tenancy law constitutes a nearly blank space in comparative and European Union law. This is due to its national character, its perceived political nature and its embeddedness in widely diverging national housing policies. At the same time, however, EU law and policies from other fields do affect tenancy law significantly, albeit indirectly and with little visibility. The present contribution tries in a first step to take stock of these influences, which range from social policy, competition law, consumer and contract law, conflict of laws, anti-discrimination and environmental law to the European Convention of Human Rights. On this basis, the potential for a European contribution to the field is examined in a second step. As regards European instruments, this contribution advises against legal harmonisation but recommends the extension of the existing open method of coordination mechanism in social policy to tenancy law. At the substantive level, a legal principle of ‘socio-economic balance’ is sketched out. This means that national legislators, regulators and judges should design viable compromise solutions taking into account party interests as well as macroeconomic and social criteria.

Ethnic bias in tenant selection in metropolitan Ibadan private rental housing market

PurposeThe purpose of this study is to investigate the presence of ethnic bias in residential tenancy and the relationship between ethnic bias tendency of property managers/landlords and their demographic features.Design/methodology/approachData for the study were gathered from administration of questionnaires, designed with items measuring bias tendency and the driving factors on the perceived wave of discrimination on residential tenancy. The structured questionnaires were administered on an intact sample of licensed property managers/agents (practicing Estate Surveyors and Valuers) at annual Mandatory Continuing Professional Development Programme (MCPD) held in metropolitan Ibadan, the largest indigenous city in West Africa and one of the commercial nerve‐centres in the country. Data collected were analyzed using descriptive analysis, chi square and factor analysis.FindingsThe study confirmed a significant relationship between the ethnic status of the principal managers (managing directors) who were mainly Yoruba aliens and the tenants selected to fill vacancies, which implies that there is presence of ethnic discrimination in tenant selection in the area. It is also confirmed that landlord/property manager (agents) experience, environmental influence and landlord/property manager preference are the most driving factors for discriminating against tenants in the city. It is further revealed that there is a significant relationship between two demographic features; professional qualifications and ages of the property managers’ firms and bias tendency.Research limitations/implicationsThe research is limited to the metropolitan city of Ibadan, a city with expatriates and diverse ethnic groups working at different sectors of the economy. Further research and statistical tests that covers all the 36 capital cities of the country are required to examine the tenancy nature of other classes of property.Practical implicationsThe implication of the study to the practice is reinforced by the consensus character of the study with the professional body (property managers). Insight and findings prove useful in developing a blueprint for curbing acts of discrimination which needs to be well addressed in property management practice. It implies that effective property rights that protect the rights and rental market planning policy in the developing nations require further reform.Originality/valueEmphasis on tenants’ rights, campaign against racism and discrimination in the developing nations which support equal housing right for all races is the feature and uniqueness of this study.