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Article
Publication date: 13 July 2015

M. Vols, P.G. Tassenaar and J.P.A.M. Jacobs

The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on…

Abstract

Purpose

The purpose of this paper is to assess the implementation of the minimum level of protection against the loss of the home that arises from Article 8 of the European Convention on Human Rights in The Netherlands. The paper focuses on anti-social behaviour-related cases in which the landlord requests the court to issue an eviction order.

Design/methodology/approach

The paper is based on a statistical analysis of nearly 250 judgements concerning housing-related anti-social behaviour.

Findings

A significant difference is found in the court’s attitude against drug-related anti-social behaviour and other types of nuisance. Moreover, it is found that in two-thirds of the cases, the tenant advanced a proportionality defence. Although the European Court stresses the need of a proportionality check, the Dutch courts ignore the tenant’s proportionality defence in 10 per cent of the cases and issue an eviction order in the majority of all cases. Advancing a proportionality defence does not result in any difference for the court decision.

Originality/value

The paper presents original data on the legal protection against eviction in cases concerning anti-social behaviour. This is the first study that analyses the approach towards housing-related anti-social behaviour in the context of the European minimum level of protection. Whilst centred on legislation and procedures in The Netherlands, its findings and discussion are relevant in other jurisdictions facing similar issues.

Details

International Journal of Law in the Built Environment, vol. 7 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 18 June 2018

Tazviona Richman Gambe

The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road…

Abstract

Purpose

The purpose of this paper is to explore the lessee eviction process in Zimbabwe in order to suggest possible ways of improving this process that has become a rutted road characterised by a litany of hiccups.

Design/methodology/approach

The study is guided by the qualitative methodology. Data were mainly collected from property managers operating in the real property market in Harare using in-depth interviews. Analysis of data was done through content analysis.

Findings

It emerged from the study that the eviction process in Zimbabwe is fraught with impediments and expenses that are sometimes exasperating to property owners and investors. The current eviction regulations favour the lessees at the expense of lessors thus niggling lessees have aggravated the already protracted process by unnecessary appeals.

Research limitations/implications

The paper only focuses on residential property management and eviction of legal lessees due to non-payment of rentals.

Practical implications

The rent regulations should be reviewed in order to create a fair legal system that protects the rights of both the lessors and lessees in Zimbabwe.

Originality/value

The perpetual decline of the economy in Zimbabwe has crippled lessees’ ability to pay rentals. Yet, it has also become intricate to evict defaulting lessees thereby causing loss of income to rental housing investors. Thus, the paper challenges the protracted eviction processes in the real property industry that have prejudiced property owners and scared away potential rental housing investors that are greatly needed to boost the rental market.

Details

Property Management, vol. 36 no. 3
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 13 July 2010

Jane Ball

The purpose of this paper is to show the different attitudes to bank ownership and regulation, residential lending and eviction in the UK and France, with their effects in the…

Abstract

Purpose

The purpose of this paper is to show the different attitudes to bank ownership and regulation, residential lending and eviction in the UK and France, with their effects in the credit crunch and how these factors are connected. UK non‐interventionism stems from a history of private banking, where competition produced plentiful finance but high risks for borrowers, where eviction is certain and fairly quick, but not necessarily disastrous for borrowers within a flexible system. The French history of post‐war interventionism for reconstruction and cautious banking has had successes and failures, culminating in large‐scale special loans to lower‐income borrowers, improving lending liquidity and stability. The French lower lending levels, intervention and caution can be partly explained by the disastrous effects of French debt and eviction processes on borrowers, but with overlay of delay and social protection.

Design/methodology/approach

The paper uses a historical institutionalist approach, calling on historical materials, statistics (where available) and the law and procedure of banking, mortgages, eviction and insolvency. Quantitative comparison of mortgage evictions is difficult, but procedures illuminate this.

Findings

National approaches to banking are path dependent and this effect is underestimated, particularly concerning attitudes to public intervention and eviction. Awareness of these connected effects could improve comparative research to assist lending to lower income groups, particularly concerning special French loans.

Practical implications

This can improve open‐mindedness, and promote ideas to house young people rather than simply calling for heavy regulation in the UK, or criticising French interventionism.

Originality/value

Comparative evictions related to the history of banking intervention are considerably understudied. The paper addresses the issues.

Details

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

Keywords

Article
Publication date: 28 September 2012

Robert Home

Forced eviction is a topic of growing importance globally, and the purpose of this article is to investigate a much‐publicised recent case involving Gypsies and Travellers in the…

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Abstract

Purpose

Forced eviction is a topic of growing importance globally, and the purpose of this article is to investigate a much‐publicised recent case involving Gypsies and Travellers in the United Kingdom (not usually a country associated with such actions).

Design/methodology/approach

After setting the context of planning enforcement law in the UK, Green Belt and other planning policies, and the status of Gypsies/Travellers as a disadvantaged minority group, the paper traces the history of the Dale Farm eviction over a 25‐year period and analyses the legal arguments put to the High Court in unsuccessful attempts to defer and over‐turn the eviction, against the context of internationally agreed guidelines.

Findings

The research found that the judiciary gave full consideration to all aspects, in accordance with ECHR case law, and upheld the Green Belt and planning objections. The UK government was determined to proceed, resisting various offers of mediation, and the site was cleared even though no appropriate alternative accommodation was available, and notwithstanding that the occupiers owned their own plots.

Originality/value

The case is a new development in a long‐running history of forced eviction of Gypsies by local authorities, and is of interest in comparative study of treatment of Gypsies in other European countries, particularly in the context of the recent European Union Roma Inclusion Strategy.

Details

International Journal of Law in the Built Environment, vol. 4 no. 3
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 13 April 2015

Duncan Ranslem

This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and…

Abstract

Purpose

This study aims to examine how temporary relocation areas (TRAs), urban forms that facilitate evictions and forced relocations, have been written into South African legal and governmental structures through contested urban planning and legal regimes.

Design/methodology/approach

Proceeding from the macro-scale of TRAs spread across the nation, to the mezzo-scale of the Delft Symphony Way TRA in Cape Town, to the micro-scale of an individual “blikkie” (housing unit) within this camp, the article looks at the form and function of the TRA in urban resettlement practices. Special attention is given to relocation areas’ designation as “temporary” spaces and the consequences of this temporal designation in law and on the ground.

Findings

These sites have developed as technologies for negotiating competing demands on the state, and their presence foregrounds some of the deeply rooted contradictions in post-apartheid South Africa. They are places both within and apart from the city, often managed by city officials according to municipal specifications, but located proximally to key urban amenities, utilities services and employment centers. They also place contradictory demands on their residents, for whom making the TRA liveable also legitimates it as a form of housing.

Originality/value

This article uncovers several concerns about TRAs, including their inadequacy for long-term settlement, their problematic usage as tools of dispossession and the spatial-material-legal imbrications by which TRAs exist, persist and act back upon both individual lives and policy spheres.

Details

International Journal of Law in the Built Environment, vol. 7 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 15 May 2024

Taraneh Meshkani

This study aims to analyze the policies and strategies used by governmental organizations to address the impacts of climate change in informal neighborhoods, kampungs, such as…

Abstract

Purpose

This study aims to analyze the policies and strategies used by governmental organizations to address the impacts of climate change in informal neighborhoods, kampungs, such as Bukit Duri and Melayu in Jakarta, Indonesia, focusing on canal and river flooding mitigation and infrastructure development. The research examines the displacement of residents due to the demolition of informal settlements along riverbanks, the role of different governmental organizations and the implications of these policies on affected communities.

Design/methodology/approach

This study uses the theoretical framework of environmental injustice to evaluate the strategies used by the Indonesian Government to address climate change adaptation in Jakarta, with a specific focus on the problem of flooding and its impact on displacement. By analyzing the history and outcomes of flood mitigation policies, this paper assesses the government’s strategies related to infrastructure, evacuation and socialization. In doing so, the study examines the social impact of these policies on affected communities. Furthermore, social listening and media analysis of Twitter data and various news outlets are conducted to gain insights into the living conditions and experiences of displaced residents in two public housing projects.

Findings

The study revealed the challenges faced by the government in implementing policies for climate change adaptation and flood mitigation in Jakarta, including a lack of community engagement with residents of the Kampungs in the decision-making process for relocation. Despite government efforts and providing low-cost apartments (rusuwana), the analysis sheds light on the various forms of injustice that result from the government’s approach to climate change adaptation in Jakarta.

Originality/value

This study examines social justice issues in Jakarta’s informal neighborhoods and explores locally driven efforts vs government-mandated policies for managing natural hazards and adapting to climate change.

Details

International Journal of Disaster Resilience in the Built Environment, vol. 15 no. 4
Type: Research Article
ISSN: 1759-5908

Keywords

Content available
Article
Publication date: 1 October 2000

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Abstract

Details

Property Management, vol. 18 no. 4
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 12 August 2020

Zaldy C. Collado and Noella May-i G. Orozco

This study aims to examine the experiences of urban poor relocatees in their resettlement communities, specifically those who were relocated from the Caloocan, Malabon, Navotas…

Abstract

Purpose

This study aims to examine the experiences of urban poor relocatees in their resettlement communities, specifically those who were relocated from the Caloocan, Malabon, Navotas, Valenzuela and Quezon City areas to the province of Bulacan, Philippines. This study hopes to convey the importance of revisiting the law on socialized housing in the Philippines.

Design/methodology/approach

This study gathered qualitative data through 2 focus group discussions among 28 participants who came from 3 resettlement sites in San Jose del Monte City, Bulacan Province, Philippines. The resettlement areas are owned and managed by the National Housing Authority of the Philippine Government.

Findings

Results show that resettlement experiences are stories of survival under impoverished conditions. Lack of housing facilities or poorly built units characterize their relocation experience aside from having no immediate access to basic utilities such as electricity and water, despite a law that supposedly secures these rights to relocatees. The expensive cost of transportation and the lack of livelihood also heavily strain the lives of the relocated population.

Originality/value

This study illustrates that involuntary displacement predicts poor living conditions upon resettlement. This study is an inquiry not only of existing conditions of socialized housing in resettlement areas but also past realities of these housing communities at the onset of the displacees’ relocation.

Details

Housing, Care and Support, vol. 23 no. 2
Type: Research Article
ISSN: 1460-8790

Keywords

Article
Publication date: 27 July 2010

Keteh Amba

The notion of public participation in planning resettlements in the Federal Capital Territory of Abuja, Nigeria was not taken into consideration during the forced evictions that…

Abstract

Purpose

The notion of public participation in planning resettlements in the Federal Capital Territory of Abuja, Nigeria was not taken into consideration during the forced evictions that took place between 2003 and 2007. The aim of this paper is to explore the role of advocacy in a rights‐based approach for consultation, participation and capacity‐building for the victims of forced evictions in Abuja.

Design/methodology/approach

This is a case study approach that explores individual and group capacities in Abuja's informal settlements.

Findings

The demolition of informal settlements was carried out without due process, participatory approaches and group consultation in the plans for resettlement. Additionally, the office of the Federal Capital Development Authority put forth the argument that the proper implementation of the master plan justified and necessitated the systematic violation of the rights of hundreds of thousands of peoples; so that Abuja would not become a victim of urban sprawl which is evident in many other developing country city centres like Lagos, Cairo, or the favelas of Rio de Janeiro.

Research limitations/implications

The researcher has explored a widening gap between the agenda of a master plan for a developing country's capital city and the development of an informal economy within makeshift settlements.

Originality/value

This case study sheds more light on the human rights violations which have characterized the method of dealing with informal settlements in the new capital city of Abuja.

Details

Journal of Place Management and Development, vol. 3 no. 2
Type: Research Article
ISSN: 1753-8335

Keywords

Article
Publication date: 6 November 2017

Ronan McDermott, Charlotte Luelf, Laura Hofmann and Pat Gibbons

The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological…

Abstract

Purpose

The purpose of this paper is to provide a comprehensive overview of the international legal framework governing urban crises arising from conflict, “natural” and technological disasters.

Design/methodology/approach

The paper deploys legal analysis to the most relevant bodies of international law pertaining to urban crises and systematically outlines the key legal issues arising.

Findings

International humanitarian law (IHL) and international human rights law (IHRL) provide important protections to vulnerable persons in both human-made and “natural” disaster settings. While the two bodies of law do not draw explicit distinctions between urban and rural settings, their various provisions, and indeed their silence on, crucial issues that would enhance legal protection in urban settings merit greater attention.

Research limitations/implications

The paper provides an overview of the sources of international law of most relevance to urban crises. Further research is required into how the urban environment influences their application concretely in urban settings.

Practical implications

In an era when international law is being challenged from many sources and attention is turning to the increasing potential for urban violence and vulnerability, this paper serves to sensitise the disaster management and humanitarian community to the relevance of international legal frameworks to its activities in urban settings.

Originality/value

This paper considers the most salient international legal issues arising during crises and compares and contrasts how the different bodies of international law (IHL and IHRL) address each of the kinds of crises (conflict, “natural” or technological disaster), respectively.

Details

Disaster Prevention and Management, vol. 26 no. 5
Type: Research Article
ISSN: 0965-3562

Keywords

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