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Article
Publication date: 12 December 2023

Rosa M. Garcia-Teruel

The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither…

Abstract

Purpose

The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither landlords nor tenants have incentives to invest in energy efficiency upgrades. Although the Energy Efficiency Directive calls Member States to overcome legal barriers to remove split incentives and to encourage retrofits, the list of possible measures is too vague. This paper aims to discuss tenancy law measures designed to increase the energy efficiency of residential housing and to detect which Member States have already addressed this phenomenon.

Design/methodology/approach

This paper analyses, from a civil legal perspective, the possible private law barriers arising from the tenant-owner dilemma when performing energy efficiency works in selected countries and proposes legal reforms in tenancy law and related policies to overcome them. To do so, this paper follows a legal-dogmatic and comparative law methodology.

Findings

This paper concludes that some tenancy law provisions, such as the possibility to increase the rent after energy efficiency renovations and long-term leases, may challenge the tenant-owner dilemma in private rented markets, thus promoting renovations and retrofitting for energy efficiency purposes. It also proposes other policies intended to increase parties’ willingness to undertake works.

Research limitations/implications

More research on the economic and legal efficiency to regulate some of the civil law measures to challenge the tenant-owner dilemma should be necessary.

Practical implications

The civil law measures included in this paper may help national policymakers meet the energy efficiency targets, according to what is established in the Recast Energy Efficiency Directive 2023.

Originality/value

Based on the economic theory of the tenant-owner dilemma, this paper investigates the elements of tenancy law that may contribute to less energy-efficient homes, proposing policies for those countries interested in addressing the energy-efficiency challenge from a private law point of view.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 27 March 2023

Moslem Zarghamfard, Mohammadreza Rezaei and Hassan F. Gholipour

The housing policies targeting low-income households have not been effective to address the housing needs of target groups in Iran over the past four decades. According to the…

Abstract

Purpose

The housing policies targeting low-income households have not been effective to address the housing needs of target groups in Iran over the past four decades. According to the World Bank’s data on population living in slums (% of urban population) in Iran in 2018 was 25% which is slightly higher than the rate 23% of upper-middle-income countries. This study aims to understand what major revisions are required in the process of housing policymaking to have more effective policies.

Design/methodology/approach

The authors conduct one-to-one interviews with 41 housing experts and apply discourse analysis and interpretive–structural modeling to achieve the goals.

Findings

The panel of experts argue that the success of housing policies in Iran depends on the following: all academic disciplines should be included in the process of housing policymaking process; land policymaking should be modified; housing policy is a regional issue, and it should be designed and implemented differently in each province; main modifications are required in the tax and tenancy system; and new policies are required to push vacant houses into the rental market.

Originality/value

This study is a prescriptive study based on a general trend (four decades).

Details

International Journal of Housing Markets and Analysis, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1753-8270

Keywords

Article
Publication date: 11 July 2023

Thomas Gibbons

The purpose of the paper is to examine the phrase “just and equitable”, and associated terminology, within New Zealand’s strata law, to inform other jurisdictions. In particular…

Abstract

Purpose

The purpose of the paper is to examine the phrase “just and equitable”, and associated terminology, within New Zealand’s strata law, to inform other jurisdictions. In particular, this paper temporarily suspends the notion of a statutory hendiadys to consider what kind of justice is reflected in judicial consideration of the phrase.

Design/methodology/approach

This paper takes a mixed-methods approach, drawing on a combination of black-letter law, property law theory and insights from literary and philosophical analysis.

Findings

While justice is often considered as “treating like cases alike”, this is not apparent from this study. The analysis shows that different kinds of justice outcomes emerge, with some emphasis on justice as economic efficiency. In addition, the paper highlights the inherent uncertainty in what is “just and equitable” and how associated disjunctive phrases, such as “unjust or inequitable” are still treated as hendiadys, but are no more clear.

Research limitations/implications

The research is limited to consideration of a single jurisdiction (New Zealand), though the useful degree of case law from this jurisdiction provides broad insight.

Practical implications

Among other things, the paper argues for further consideration of the usefulness of the “just and equitable” test in light of the kind of justice we want to achieve. The addition of mandatory considerations to existing statutory tests may allow more of a focus, beyond the exigencies of individual cases or narrow outcomes of economic efficiency.

Originality/value

While there is existing literature on the “just and equitable” phrase within strata law, the paper is the first, to the best of the authors’ knowledge, to provide an analysis focused on how suspending the statutory hendiadys normally inherent in “just and equitable” provides insight into the kind of justice that emerges from the application of this test within a single strata jurisdiction. As such, the paper provides lessons for other jurisdictions on how to improve relevant statute and case law outcomes.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Open Access
Article
Publication date: 14 June 2023

Héctor Simón-Moreno

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of…

Abstract

Purpose

With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.

Design/methodology/approach

The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.

Findings

The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.

Social implications

Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.

Originality/value

This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Open Access
Article
Publication date: 13 March 2024

Keanu Telles

The paper provides a detailed historical account of Douglass C. North's early intellectual contributions and analytical developments in pursuing a Grand Theory for why some…

Abstract

Purpose

The paper provides a detailed historical account of Douglass C. North's early intellectual contributions and analytical developments in pursuing a Grand Theory for why some countries are rich and others poor.

Design/methodology/approach

The author approaches the discussion using a theoretical and historical reconstruction based on published and unpublished materials.

Findings

The systematic, continuous and profound attempt to answer the Smithian social coordination problem shaped North's journey from being a young serious Marxist to becoming one of the founders of New Institutional Economics. In the process, he was converted in the early 1950s into a rigid neoclassical economist, being one of the leaders in promoting New Economic History. The success of the cliometric revolution exposed the frailties of the movement itself, namely, the limitations of neoclassical economic theory to explain economic growth and social change. Incorporating transaction costs, the institutional framework in which property rights and contracts are measured, defined and enforced assumes a prominent role in explaining economic performance.

Originality/value

In the early 1970s, North adopted a naive theory of institutions and property rights still grounded in neoclassical assumptions. Institutional and organizational analysis is modeled as a social maximizing efficient equilibrium outcome. However, the increasing tension between the neoclassical theoretical apparatus and its failure to account for contrasting political and institutional structures, diverging economic paths and social change propelled the modification of its assumptions and progressive conceptual innovation. In the later 1970s and early 1980s, North abandoned the efficiency view and gradually became more critical of the objective rationality postulate. In this intellectual movement, North's avant-garde research program contributed significantly to the creation of New Institutional Economics.

Details

EconomiA, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1517-7580

Keywords

Article
Publication date: 30 August 2023

Stephen P. Walker

The paper aims to explore the relationship between accounting and racial violence through an investigation of sharecropping in the postbellum American South.

Abstract

Purpose

The paper aims to explore the relationship between accounting and racial violence through an investigation of sharecropping in the postbellum American South.

Design/methodology/approach

A range of primary sources including peonage case files of the US Department of Justice and the archives of the National Association for the Advancement of Colored People (NAACP) are utilised. Data are analysed by reference to Randall Collins' theory of violence. Consistent with this theory, a micro-sociological approach to examining violent encounters is employed.

Findings

It is demonstrated that the production of alternative or competing accounts, accounting manipulation and failure to account generated interactions where confrontational tension culminated in bluster, physical attacks and lynching. Such violence took place in the context of potent racial ideologies and institutions.

Originality/value

The paper is distinctive in its focus on the interface between accounting and “actual” (as opposed to symbolic) violence. It reveals how accounting processes and traces featured in the highly charged emotional fields from which physical violence could erupt. The study advances knowledge of the role of accounting in race relations from the late nineteenth century to the mid-twentieth century, a largely unexplored period in the accounting history literature. It also seeks to extend the research agenda on accounting and slavery (which has hitherto emphasised chattel slavery) to encompass the practice of debt peonage.

Details

Accounting, Auditing & Accountability Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0951-3574

Keywords

Article
Publication date: 5 August 2022

Abdulrahman Alafifi, Halim Boussabaine and Khalid Almarri

This paper aims to examine the performance efficiency of 56 real estate assets within the rental sector in the UAE to evaluate the relative operation efficiency in relation to…

Abstract

Purpose

This paper aims to examine the performance efficiency of 56 real estate assets within the rental sector in the UAE to evaluate the relative operation efficiency in relation to revenue generation.

Design/methodology/approach

The data envelopment analysis (DEA) approach was used to measure the relative operational efficiency of the studied assets in relation to the revenue performance. This method could produce a more informed and balanced approach to performance measurement.

Findings

The outcomes show that scores of efficiencies ranging from 7% to 99% in some of the models. The results showed that on average buildings are 75% relatively less efficient in maintenance, in term of revenue generation, than the benchmark set. Likewise, on average, the inefficient buildings are 60% relatively less efficient in insurance. Result also shows that 95% of the building assets in the sample are by and large operating at decreasing returns to scale. This implies that managers need to considerably reduce the operational resources (input) to improve the levels of revenue.

Research limitations/implications

This study recommends that the FM operational variables that were found to inefficiently contribute to the revenue should be re-examined to test the validity of the findings. This is necessary before generalising or interpolating the results that are presented in this study.

Practical implications

The information obtained about operational performance can help FM managers to understand which improvements in the productivity of inefficient FM resources are required, providing insight into how to reduce operating costs and increase revenue.

Originality/value

This paper adds value in using new FM operational parameters to evaluate the efficiency of the performance of built assets.

Details

Journal of Facilities Management , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1472-5967

Keywords

Article
Publication date: 4 April 2024

Mahazril ‘Aini Yaaco, Hafizah Hammad Ahmad Khan and Nurul Hidayana Mohd Noor

This study aims to investigate the impact of housing knowledge, housing challenges and housing policy on the renting intention and satisfaction of young people.

Abstract

Purpose

This study aims to investigate the impact of housing knowledge, housing challenges and housing policy on the renting intention and satisfaction of young people.

Design/methodology/approach

A questionnaire survey helped collect data from young people in the study area, which were then analysed using the Statistical Package for the Social Sciences (SPSS) 27 software. A descriptive analysis and the Cronbach’s alpha test were adopted to analyse the data. The confirmatory factor analysis confirmed a significant relationship between housing knowledge, housing challenges and housing policy and renting intention and satisfaction.

Findings

The overall findings revealed that most young people intend to own a home one day, and a minority of them decided to continue renting. The findings suggest that there is a significant relationship between housing knowledge and housing intention. However, housing challenges and housing policies do not appear to impact renting intentions. On the other hand, housing knowledge and housing challenges were found to be associated with housing satisfaction, while housing policy does not show a significant relationship.

Research limitations/implications

This study, however, poses limitations as it uses a limited model and location and involves only a cross-sectional study. Future studies can use the methodology used in this study to conduct further investigations on housing intention and satisfaction in other regions of the country, thereby validating the findings of this study.

Practical implications

In terms of practical implications, this study has made a valuable contribution to the field of housing literature by shedding light on two crucial elements, namely, housing intention and satisfaction, which have been understudied. Understanding the determinants of housing intention and satisfaction is vital in efforts to implement appropriate policy reforms.

Social implications

Findings from this study offer valuable insight related to managerial and practical implications, with the former implicating a need to prioritise initiatives that enhance renters’ housing knowledge. Implementing educational programmes and providing accessible resources can empower renters with a better understanding of the rental process and other important housing information.

Originality/value

This paper is relevant because it provides a guideline for policymakers to initiate regulations concerning housing and implement appropriate policy reforms. This study can also help housing providers develop more affordable housing that meets the needs of young people currently renting because most have expressed their housing intentions. Understanding housing intention and satisfaction determinants is vital to implementing appropriate policy reforms.

Details

International Journal of Housing Markets and Analysis, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1753-8270

Keywords

Article
Publication date: 6 October 2023

Edward Ayebeng Botchway, Kofi Agyekum, Judith Amudjie and Hayford Pittri

This study aims to explore occupants’ perceived importance and satisfaction with high-rise students’ housing facilities’ fire safety considerations (FSCs). The specific objectives…

Abstract

Purpose

This study aims to explore occupants’ perceived importance and satisfaction with high-rise students’ housing facilities’ fire safety considerations (FSCs). The specific objectives are to explore the FSCs for high-rise students’ housing facilities and assess the level of importance and satisfaction with the FSCs provided in high-rise students’ housing facilities in controlling fire outbreaks.

Design/methodology/approach

The study uses an exploratory sequential design with an initial qualitative phase followed by a quantitative data collection phase. Twenty FSCs were identified through the qualitative phase via semistructured interviews. Their importance and satisfaction were revealed through survey questionnaires with 168 respondents who stayed in or were involved in the operation of high-rise students’ housing facilities. Data from the qualitative phase were analyzed thematically, and those obtained from the quantitative phase were analyzed descriptively and inferentially.

Findings

The study’s findings revealed that all the 20 FSCs identified via the qualitative phase and confirmed through the quantitative phase were perceived to be very important in fighting fires in high-rise students’ housing facilities. However, only 9 out of the 20 FSCs received some satisfaction among the respondents in fighting fires in the facilities.

Originality/value

This study offers insight into a rare study area, especially in sub-Saharan Africa. In addition, it grants insight into the occupants’ perspective regarding which FSCs they consider essential and their level of satisfaction with such FSCs in fighting fires in high-rise students’ housing facilities.

Details

Journal of Facilities Management , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1472-5967

Keywords

Article
Publication date: 24 October 2023

Shaista Noor and Bushra Qureshi

The purpose of this study to highlight the changing living patterns in the Pakistani community from joint family to nuclear family setup which is becoming the main reason for the…

Abstract

Purpose

The purpose of this study to highlight the changing living patterns in the Pakistani community from joint family to nuclear family setup which is becoming the main reason for the loss of days when family members used to be responsible for elderly care. The ageing population in Pakistan are suffering from severe health and care issues. The Pakistani society, which once used to consider the senior citizen as a blessing now started considering them as a forced liability.

Design/methodology/approach

This study adopts the qualitative research strategy and interviews conducted in the local language with five women and men elderly each residing in old folk homes.

Findings

The study revealed that the main reasons behind increasing old folk trends in Pakistan are lack of family support, migration of children, less community awareness, economic issues, loneliness, dementia and invasion of western culture.

Originality/value

This study adopts the qualitative research strategy and interviews conducted in the local language with five women and men elderly each residing in old folk homes. The study revealed that the main reasons behind increasing old folk trends in Pakistan are lack of family support, migration of children, less community awareness, economic issues, loneliness, dementia and invasion of western culture.

Details

Working with Older People, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1366-3666

Keywords

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