Dr. Elga Molina publishes a proposal to amend housing tenancies according to the European systems

The researcher of the UNESCO Chair of Housing of the URV Dr. Elga Molina Roig publishes her doctoral thesis “A new regulation of housing tenancies in a European context”. This book undertakes a critical study of the current housing tenancy contract in Spain and proposes a new regulation, which is considered essential to correct the existing dysfunctions in the rental market (lowest rate in Western Europe, wide black market, unaffordability) and, in particular, to turn the tenancy tenure into a real alternative (and not merely frictional) to homeownership as a way of access to housing. The functional model that we propose pursues, on the one hand, stability (fostering open-ended contracts), affordability (promoting referenced rent systems) and flexibility (facilitating withdrawal and sublease rights) of the tenant. On the other hand, it seeks profitability (referenced rent systems at market prices), guarantees and security (deposits, guarantee insurances or a possible legal pledge) of the landlord. To this end, the historical law, positive law and comparative law of countries with the lowest (Greece, Portugal, Italy, Malta and Spain) and the highest rental rates in Europe (Germany, Switzerland and Austria) are considered. In addition, and in order to reinterpret these regulations according to the right to housing, we have analysed the reasonableness and proportionality of the proposed measures to seek a balance between the rights and obligations of the parties.