Security of Tenure and Prevention of
Evictions: Assessment of Flemish
Policy Instruments
Bernard Hubeau – University of Antwerp
Diederik Vermeir – University of Antwerp
Flemish Region (6,300,000 inhabitants)
Brussels-capital Region
(1,100,000 inhabitants)
Walloon Region
(3,500,000 inhabitants)
Evictions in the PRS
• Mostly in Private Rented Sector (80%)
• 2014: 13,000 – 15,000 requests of evictions
• Strong increase reported
o 2005: 100/week
o 2014: 250-300/week
• Main cause: rent arrears (90%)
o
o
o
Wrong assessment of the consequences of default payments
Large share of the available budget
…
• No centralized data on enforced evictions
Role of the PRS
• Role of the PRS in policy terms
o Focus on homeownership - Weakening PRS
o Growing concern, but until now no general reorientation of policy
• Role of the PRS in meeting social needs
o Serving 3 groups of +/- equal size
o Starters, on the way to homeownership
o Low housing quality / weak socio-economic profile of tenants
o Older persons that moved to an appartment
o Increasing share of vulnerable groups: low income, unemployed, unfit for
work, singles, single-parents with children
o Increasing problems with affordability, esp. for the lowest income groups
o Evolution of market rents 2005-2013: general increase of 8% – 18% for the lowest
income group – 17% for the unemployed – 24% for the disabled
Size of the PRS
Figure 1: Tenure, Flemish region, 1947-2005
% private tenants
80
% social tenants
% tenants
% homeowners
70
60
50
40
30
20
10
2006
2004
2002
2000
1998
1996
1995
1993
1991
1989
1987
1985
1983
1981
1979
1977
1975
1973
1971
1969
1967
1965
1963
1961
1969
1967
1965
1963
1961
1959
1957
1955
1953
1951
1949
1947
0
Sources: * Descamps (1997), **Goossens et al. (1997), ° FOD Economie [Federal Economy Department] - ADSEI, SEE 2001, °°Heylen et al. (2007).
Security of tenure: general framework
• Article 23 of the Belgian Constitution
o All branches of government are responsible, each within the limits of their
power (e.g. Flemish Housing Code)
o The possibility of the tenant to remain in the dwelling as long as he or she
wishes – in a broader sense: connected to housing conditions
• European and International Housing rights
o Not formally protected by the ECHR, but ‘a protectable interest’
o Balance of interests is required (ECtHR, 13/05/08, McCann vs. UK; ECtHR,
11/01/01, Lunari vs. Italy)
• Effectiveness on the ground?
• Policies of security of tenure?
Security of Tenure: Tenancy law
• House Rental Act (1991)
• Security of tenure as one of the predominant features
o Duration: 9 years – Short term lease: restricted
o Termination with a notice period
o Notice period of 6 months, limited to specific circumstances
o Termination due to violation of contractual duties
o Has to be requested at the Justice of the Peace (cfr. McCann vs UK)
• A balanced regulation?
o Mechanisms to guarantee a fair return on investment
o Initial rent: no regulation – During the lease: costs of living + Review at court
• Results on the ground
o Tenants’ perspective: 53% short term contracts
o Landlords’ associations: income is too low + Eviction procedures
Prevention of eviction: procedural law
• Act on the Humanization of evictions (1998):
• Specific procedure for evictions
o Standstill period of one month (can be shortened or prolonged)
o Information requirements (remaining goods, actual date of eviction)
o Public Centre of Social Welfare (PCSW): obligation to support the
tenant in the most fitting manner
o both prevention (mediation, legal aid) and management (resettlement, financial
support)
o Notify PCSW’s as soon as possible to enhance their ability to offer assistance
• Assistance by the PCSW
o Any eviction requested at the Justice of the Peace: notification
o Respect for individual autonomy
Assistance by the PCSW
• An effective policy instrument to prevent evictions?
o Sector of PCSW’s: ‘has not led to a decrease of evictions’
o Not informed about the remainder of the procedure (after the
request) in 57% of the cases – other cases: 90% actual evictions
• Possible explanations
o Lack of staff and resources: how assistance is offered -> previously
known (51%)?
o Assistance is only offered when an eviction was already requested at
the Justice of the Peace
o PCSW’s are not informed about the remainder of the
procedure/enforcement of the eviction
Fund to Prevent Evictions
• Recent initiative: 2014
• Objectives
o Prevention of evictions: assistance with reimbursement of rent arrears
o Strengthen the attractiveness of the PRS for investors
o Encourage landlords to conduct an agreement with weaker profiles
• Procedure
o Linked to request of evictions due to rent arrears
o Guarantee actual execution of repayment plan imposed by the Justice
of the Peace
o cover the difference between the imposed and the actual reimbursement, if
the tenant fails to comply to the plan
o Voluntary basis: initiative needed by the landlord
o Important additional requirements: housing quality standards, due
dates, max. coverage (€2,700)
Fund to Prevent Evictions
• An effective policy instrument to prevent evictions?
o Started on January 1th 2014
o Only 330 landlords applied (245 effectively affiliated) – initial target of
18,000
o Only to 2 landlords notified the fund about an eviction procedure (1
refused)
• Possible explanations
o Court of Auditors: ‘Absence of a communication campaign’
o Landlords’ organizations: ‘too complicated, lots of due dates, multiple
administrative steps’
o Other recommendations: tenants are protected differently + better to
intervene at an earlier stage
Conclusion
• Weakening PRS, further stressed by the crisis
• Growing concensus concerning the need for a supply and
demand-side PRS policy
• Security of tenure and prevention of evictions can be of the
essence in those policies
• Striking increase of evictions: existing preventive instruments
seem to be insufficient
• Main issues in the short term: data on evictions, an earlier
intervention, development of good practices, fine-tune with
the profile of tenants and landlords, enhance communication
Questions?