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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.

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.

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.

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.

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.

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.

Scholars, activists, and policymakers have paid increasing attention to housing instability, especially where eviction is a cause. Housing instability is a dynamic process rather than a discrete catastrophic event, and eviction imposes vulnerability on consumers. Even the threat of it can trigger the onset of a crisis. In this project, we deepen the understanding of eviction by exploring its use in property management practice. We begin by summarizing its definition and causes from a cross-disciplinary and still-evolving literature. We then provide an extended example of how eviction can be used to pursue strategic and financial goals using rental markets in Arkansas as an example. Arkansas is characterized by a quintessentially laissez-faire regulatory environment that imposes few restrictions on property owners. We conclude by posing questions that should be at the forefront of a vulnerability-focused, policy-oriented research agenda on eviction.

The purpose of this paper is to highlight the regulatory barriers to achieving sustainable buildings in Kosovo. The present paper focuses on regulatory barriers viewed from the perspective of construction industry experts in achieving sustainable buildings.

The present study uses a qualitative research method and semi-structured interviews as a research instrument. The present study interviews around 20 experts in construction and property management, property development, spatial planning and energy management.

The study finds that Kosovo building laws and regulations provide for the materials assessment criteria, but the materials assessment criteria are only for mechanic strength. The study further finds that the sustainability concept is not included and incorporated in Kosovo's urban planning laws and regulations. The study also finds that despite specific clauses mentioning energy performance certificates in the Law on Energy Performance of Buildings in Kosovo, energy performance certificates appears to be not enforced and the nature of the barrier is more organizational rather than regulatory. Finally, the study finds that Kosovo laws are silent as far as green labeling of building materials is concerned.

The implication of the present finding is that policymakers in Kosovo not only should include clear sustainable materials assessment criteria in the law, but also enforce those criteria through testing and inspection mechanisms included in the law and implemented in practice through funding and organizational support. Nonetheless, policymakers in Kosovo should contemplate amending the urban planning laws in Kosovo and include both the term of sustainability at the planning level and conformity guidelines for sustainable design that can be done at the administrative directive level. Further, the clauses in the law do not suffice if the clauses are not accompanied by specific systemic and organizational support in the issuance of energy performance certificates. Policymakers in Kosovo should be proactive in designing clauses that specify green labeling standards for materials; however, these labeling standards should not adversely affect the cost of construction and reduce the demand for real estate.

The study is the first qualitative study about the perception of construction professionals in Kosovo, regarding the regulatory barriers of sustainable buildings in Kosovo.

Property guardianship is increasingly being viewed as an alternative and, in many cases, a last resort to the unaffordable private rental market. This upsurge in the incidence of guardianship necessarily amplifies the existing legal grey areas and the inherent insecurity and precarity in the sector for guardians. Drawing on interviews with property guardians and archival research, the purpose of this study is to explore the background to the guardianship occupation model; highlight the key problems guardianship generates and, building on this, propose recommendations for reform to the regulatory landscape of guardianship. This study argues that a culture change in property guardianship is needed so that guardians can be better protected, and local authorities empowered to be more proactive in overseeing standards of guardian properties in their areas.

This study draws on qualitative semi-structured interviews with 46 property guardians and archival research.

The author argues that property guardians routinely enter the sector largely as a matter of last resort based on financial considerations or following difficult life experiences. Insecure and precarious, guardianship operates under licence agreements which provide less protection for guardians. Coupled with ambiguity around the application of existing housing legislation to guardianship and research showing non-engagement by local authorities with guardianship, this study suggests regulatory reform is urgently needed.

With traditional residential tenancies in the private rental sector increasingly unaffordable for many and guardianship becoming a viable alternative, this study argues for significant regulatory reform to the guardianship sector to ensure guardians are adequately protected under the law. This study presents a series of proposals to deliver a culture change in the sector.

Although the Singapore model of ethnic integration through its public housing programme is well known, the formula for replicating its success elsewhere remains underexplored. This study aims to identify the criteria for successful transplantation, specifically by identifying the housing tenure types that are most amenable to the implementation of the Singapore model.

Through a comparative study of two common law jurisdictions – Singapore and England – this article highlights the differences in their housing landscapes and how such differences impact upon the adoption of ethnic integration policies through housing. The article also unpacks, through a cross-disciplinary lens, the concepts of public housing and housing tenures, drawing heavily on socio-legal and housing literature.

The authors observe that the implementation of ethnic integration policies is best justified and most easily achieved in leasehold estates that exhibit a strong tenurial relationship with the state retaining a more than notional role. Public housing in Singapore being an exemplar of this model, the implementation of its ethnic integration policy is relatively straightforward. By contrast, the shrinking public housing sector in England means that adoption of a similar policy would have limited reach. Even then, the political–legal environment in England that promotes home ownership is potentially hostile to the adoption of such policy as it may be seen as an infringement of private property right.

The cross-jurisdiction comparison is supplemented by an interdisciplinary analysis that seeks to bridge differences in the categorisation of tenure in housing and law literatures so as to promote cross-disciplinary dialogue.

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.

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

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.

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

This study aims to investigate Australian civil tribunal decisions to ascertain compliance with decisional quality standards in Australian law, with a particular focus on strata and community title cases.

An orthodox doctrinal legal analysis and assessment of cases and tribunal policies was adopted. All Australian jurisdictions were surveyed, including federal, state and territory jurisdictions. The case law in each jurisdiction was screened to identify whether the principles applicable to decisional quality were engaged and then analysed as to the extent of that engagement.

Where a party presents a substantial, clearly particularised argument relying upon established facts, tribunals are obliged to address those facts and the arguments by way of an active intellectual process. However, appellate decisions disclose a degree of deference not often accorded to judicial officers, and there is a need for a more disciplined approach to ascertain whether any errors have been made by a tribunal lie on the critical path to the decision. As strata and community title disputes become more complex, the importance of decisional quality standards can only increase.

Up to date as of 1 March 2023.

The present position would appear to be that where a party presents a substantial, clearly particularised argument relying upon established facts, a tribunal must address its mind to those facts and the arguments by way of an active intellectual process. The requirement is limited to circumstances prescribed by a statute and factual and legal issues which are necessary to be determined in order for the tribunal to be satisfied as to circumstances prescribed by a statute. However, where the errors are not gross and plainly obvious, appeals from defective tribunal decisions are unlikely to succeed. There is a degree of deference not often accorded to judicial officers. That deference is unfortunate when tribunals are allocated jurisdiction over what quite often are significant property disputes.

The impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years, as, for example, occurred in the Marinko case.

The research and analysis is entirely original. A search of journals and textbooks did not identify any prior analysis, at least in the Australian context, relating to decisional quality standards of tribunals.

The purpose of this paper is to try to reach the main factors that could put national security at risk as a result of government cloud computing programs.

The paper adopts the analytical approach to first lay foundations of the relation between national security, cybersecurity and cloud computing, then it moves to analyze the main vulnerabilities that could affect national security in cases of government cloud computing usage.

The paper reached several findings such as the relation between cybersecurity and national security as well as a group of factors that may affect national security when governments shift to cloud computing mainly pertaining to storing data over the internet, the involvement of a third party, the lack of clear regulatory frameworks inside and between countries.

Governments are continuously working on developing their digital capacities to meet citizens’ demands. One of the most trending technologies adopted by governments is “cloud computing”, because of the tremendous advantages that the technology provides; such as huge cost-cutting, huge storage and computing capabilities. However, shifting to cloud computing raises a lot of security concerns.

The value of the paper resides in the novelty of the topic, which is a new contribution to the theoretical literature on relations between new technologies and national security. It is empirically important as well to help governments stay safe while enjoying the advantages of cloud computing.

Although a regulatory framework was established in Malaysia to govern practising property managers, the satisfaction level on residential property management remains low. This unfortunate situation necessitates a review of property managers’ job scope and their current standards of practice. Hence, this study aims to investigate the correlation between the performance of property managers in residential property management job scope and resident satisfaction.

The scope of work in property management services was first identified through a review of existing research and literature on property management. Subsequently, a survey questionnaire was administered, and the data collected was analysed to determine the relationship between the performance of the scope of work in residential building management and resident satisfaction. The research data was obtained from occupiers of residential properties and the findings formed the basis for research with an objective to enhance current property management practice.

Residential buildings represent the major building stocks of the country. The research showed that a majority (7 out of 9) of the identified scope of work significantly influence and affect resident satisfaction. Additionally, the logistic regression analysis outcome further confirms that the performance of maintenance management is a significant predictor of resident satisfaction.

This research identifies the critical scope of work in property management services which affects resident satisfaction. It also suggests various recommendations to improve property management services to achieve a higher level of resident satisfaction.

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.

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.

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.

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.

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.