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Publication date: 10 July 2017

Sergio Nasarre-Aznar and Elga Molina-Roig

This paper aims to explain the main difficulties in the Spanish residential rental market becoming a true alternative to home ownership.

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Abstract

Purpose

This paper aims to explain the main difficulties in the Spanish residential rental market becoming a true alternative to home ownership.

Design/methodology/approach

Currently, the Spanish rental market only meets temporary housing needs; it is very atomized and lacks professionalism. It does not provide an adequate legal framework to fulfil the parties’ aspirations (i.e. stability, affordability and flexibility for tenants; profitability, security and guarantees to landlords). The analysis of this proposition and the resulting proposal are based on six years of research, which started with the TENLAW European project.

Findings

Overcoming these constrains is essential to double the rate of residential leases in Spain and get closer to the European average, thus achieving a true diversification of housing tenures and avoiding future housing bubbles.

Practical implications

The paper makes a series of recommendations to legislators and policymakers to draft an adequate legal framework aimed at increasing the housing rental market share. This is based on the experience of mature tenancy markets in Europe, such as the German, Swiss and Austrian ones.

Social implications

The new proposed legal framework will help to transform the tenancy model in Spain into a functional one, making it more stable, affordable and flexible, while increasing safety and profitability for landlords. The model is also applicable, on a more general level, to all Mediterranean European countries.

Originality/value

Rethinking the regulation of tenancies, in a context of housing crisis and unaffordability (still a reality in many European and worldwide countries) has valuable potential for making this type of tenure more popular and for avoiding future housing bubbles.

Details

International Journal of Law in the Built Environment, vol. 9 no. 2
Type: Research Article
ISSN: 1756-1450

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