Insert your logo here             Evicted in the Welfare State          A Comparative Analysis of Evictions due to Rent Ar...
Outline of the Presentation   Introduction   Population and housing markets   Evictions   Regulation of evictions   P...
Introduction   Evictions are a major factor behind    homelessness   Rent arrears seem to be the most    common formal c...
Population and Housing Markets          EUROPEAN RESEARCH CONFERENCE    Homelessness, Migration and Demographic Change in ...
Evictions   Germany/Berlin       No national statistics / no complete numbers for Berlin       Rent arrears in euro see...
Population and Housing Markets          EUROPEAN RESEARCH CONFERENCE    Homelessness, Migration and Demographic Change in ...
Regulation of Evictions   Germany       Arrears of 2 months’ rent can lead to an instant dismissal of the tenant   The ...
Process from rent arrear to evictiondays                                                                         DE       ...
Evictions   Germany       When the court decision is legally binding, the responsible bailiff may        schedule the ev...
Prevention   Local authorities have to be informed about a notice to quit    (Sweden), applications of evictions (Germany...
Comparison   Housing markets (rented housing, social housing etc.) is quite    different in the included countries   Dat...
Conclusions   Evictions take place in the intersection between civil and    social rights       This could be the reason...
Thanks for your attention!Lia van Doornlia.vandoorn@hu.nlSusanne Gerullmail@susannegerull.deSten-Åke Stenbergstenake@sofi....
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Evicted in the Welfare State – a Comparative Analysis of Evictions due to Rent Arrears in Germany, the Netherlands and Sweden

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Presentation given by Sten-Ake Stenberg, SW, Lia van Doorn, NL, Susanne Gerull, DE at a FEANTSA Research Conference on "Homelesness, Migration and Demographic Change in Europe", Pisa, Italy, 2011

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  • Introduction FEANTSA Information from FEANTSA’s members Specific look at some countries (not IE and UK)
  • Evicted in the Welfare State – a Comparative Analysis of Evictions due to Rent Arrears in Germany, the Netherlands and Sweden

    1. 1. Insert your logo here Evicted in the Welfare State A Comparative Analysis of Evictions due to Rent Arrears in Germany, the Netherlands and Sweden Sten-Åke Stenberg, Lia van Doorn, Susanne Gerull Interdisciplinary Center Sciences EUROPEAN RESEARCH CONFERENCE for peace’ Homelessness, Migration and Demographic Change in Europe Pisa, 16th September 2011
    2. 2. Outline of the Presentation Introduction Population and housing markets Evictions Regulation of evictions Prevention Comparison Conclusions EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    3. 3. Introduction Evictions are a major factor behind homelessness Rent arrears seem to be the most common formal cause of evictions in Europe Evictions take place in the intersection between civil and social citizenships International data are scarce EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    4. 4. Population and Housing Markets EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    5. 5. Evictions Germany/Berlin  No national statistics / no complete numbers for Berlin  Rent arrears in euro seem to decrease over the last years, but applications of evictions and evictions seem to persist on a stable level  41% of the applied evictions are executed in Berlin 2009 (est.) The Netherlands/Amsterdam  Eviction data are only available for the Social Housing Sector  Number of evictions are decreasing because of the Housing associations’ responsive collection policies  22% of the applied evictions are executed in Amsterdam 2009 Sweden/Stockholm  Big decrease of evictions since the beginning of the 1990s  31% of the applied evictions were executed in Sweden 2009 EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    6. 6. Population and Housing Markets EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    7. 7. Regulation of Evictions Germany  Arrears of 2 months’ rent can lead to an instant dismissal of the tenant The Netherlands  After 2 months of rent arrears the tenants are sent a written demand from the housing association; after approx. 3 months the housing association hands the case over to the bailiff Sweden  7 days after the monthly rent is due the tenant formally loses the right to the contractIn Germany and Sweden the tenant can regain the tenancy if the rent arrear isregulated during a certain period of time after the application for eviction isserved (Germany) or sent to court (Sweden). EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    8. 8. Process from rent arrear to evictiondays DE NL SErent arrears before an application to court can be delivered 60 150 6Duration until completion of service of process 29 17 6Duration of trial 191 7 135Duration of enforcement 111 28 19Total administrative duration (period before application not included) 331 52 160Total duration 391 202 166Source: Section 543 of the German Civil Code (Germany); Civil Code (Burgerlijk Wetboek), article 7:201 (TheNetherlands); Lag (1990:746) om betalningsföreläggande och handräckning 13 § (Sweden); Djankov et al (2003) These differences in time periods have several consequences for tenants at risk of being evicted. A long time period might be interpreted as something positive for the tenants, but might cause unnecessary problems both for the tenant and the landlord as the debt becomes insurmountable. EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    9. 9. Evictions Germany  When the court decision is legally binding, the responsible bailiff may schedule the eviction  A forwarding agency and a lock and key service is then booked and the flat is emptied at the scheduled time The Netherlands  The Dutch bailiff tries to collect the rent arrears or to make a payment arrangement. If that does not help the judge will issue an eviction order  Evictions are carried out by a specially appointed team that consists of a bailiff, police officers and the staff of municipal services Sweden  The execution title gives the landlord the right to apply to the bailiff for an execution of the eviction at the court  “Change of name- and lock method” or stepwise eviction or immediate eviction EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    10. 10. Prevention Local authorities have to be informed about a notice to quit (Sweden), applications of evictions (Germany) and scheduled evictions (Germany, the Netherlands and Sweden) In Germany, rent arrears should be assumed if this is ”justified and necessary and the risk of otherwise becoming homeless threatens” (SGB II/XII) No Swedish authority has the immediate responsibility to help tenants with rent arrears Outreach approach in the Netherlands that offers tenants practical help to avert the eviction process; policy to give defaulters ‘a second chance’ EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    11. 11. Comparison Housing markets (rented housing, social housing etc.) is quite different in the included countries Data about rent arrears are largely non-existent in all 3 countries/cities and comparable indicators rare  Comprehensive national statistics on evictions are only available in Sweden  In the Netherlands data are only available for social housing  In Germany there are no official data at all Big differences in time periods: process from rent arrear to eviction between 166 (Sweden) and 391 (Germany) days The legal possibilities to protect people with rent arrears from losing their flats are quite different in the compared countries EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    12. 12. Conclusions Evictions take place in the intersection between civil and social rights  This could be the reason that in all three countries the local social services have to be informed about evictions. Germany seems to offer tenants and administration the most authority to prevent homelessness also against the will of the concerned landlords More reliable data and research is needed as rent arrears are the most reason behind evictions EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
    13. 13. Thanks for your attention!Lia van Doornlia.vandoorn@hu.nlSusanne Gerullmail@susannegerull.deSten-Åke Stenbergstenake@sofi.su.se EUROPEAN RESEARCH CONFERENCE Homelessness, Migration and Demographic Change in Europe
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