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Open access

Patricia Sheehy Skeffington

Abstract

Increasing numbers of people live under residential licences as a result of pressure on the housing market. Residential licences arise in disparate circumstances, including in house shares, under the rent-a-room scheme and where people live in their parents’ home. This paper outlines the legal construct of licences: at base, a permission to reside. It sets out factors that distinguish licences from tenancies, in particular the absence of exclusive possession. While licences are subject to minimal regulation in comparison to tenancies, this paper presents licensors’ and licencees’ rights in their constitutional, common-law and statutory context, including standards of accommodation and ‘packing-up’ periods. It reflects on the constitutional position presented by a licensee under a licensor’s tenancy obtaining the right to become a tenant under the Residential Tenancies Act, 2004–16. In particular, it probes whether constitutional rights to the inviolability of the dwelling may be balanced in favour of augmenting licensees’ rights. In this context it posits potential for reform while highlighting the regulatory challenge presented by heterogeneous forms of licences.

Open access

Tom Healy and Paul Goldrick-Kelly

Abstract

Lack of access to affordable quality homes constitutes a significant crisis for workers, families and communities in the Republic of Ireland. Current government plans appear to be insufficient to make a significant impact. Pressure on individuals and families is a direct consequence of under - investment over many years, as well as a failure on the part of a market-led and property-developer-led model of housing to deliver enough dwellings to meet the needs of a growing population. The optimum solution, we propose, is the establishment of The Housing Company of Ireland, which will draw on long-term borrowing combined with an equity injection from the Ireland Strategic Investment Fund, and will undertake or commission, on a commercial basis, a programme of planning, building, acquiring and renting of new homes. This investment will supplement and further strengthen work by the local authorities and the voluntary housing associations in the area of social housing.

Open access

Lorcan Sirr

Open access

Sergio Nasarre-Aznar

Abstract

Access to housing is a crucial issue worldwide. It is still under discussion whether collaborative economy is enhancing or, on the contrary, constraining access. In this context, the concept of ‘collaborative housing’ (collaborative economy applied to the funding, access and organisation of housing) arises to address a range of situations that might potentially help people to access housing, such as co-housing or the so-called ‘intermediate tenures’. Disintermediation through blockchain technology, and the resultant effect of a reduction in the transaction costs of access to housing, is one of those trends regarding collaborative housing. Accordingly, the adaptation of the disintermediation mechanism to the real estate conveyance and land registry, as in many other sectors of the collaborative economy, is timely. This can be achieved by exploring the potential of this mechanism in enhancing traditional methods of this sector through possible technological solutions. This paper presents a preliminary discussion on the different types of collaborative housing and the potentials of the blockchain technology to facilitate access to housing in relation to real estate conveyancing and registration.

Open access

Rory Hearne and Mary Murphy

Abstract

This paper discusses the outcomes of a participatory research process with homeless parents living in Dublin-based emergency accommodation, during which a critical appraisal of a range of government schemes was coconstructed. The focus is on examining the impacts on vulnerable families of the marketisation of social housing. This is examined through the homeless families’ attempts to procure private rented housing using the Housing Assistance Payment (HAP) and their experience of life in family hub emergency accommodation. The significant challenges experienced by homeless families are examined from the perspectives of human rights and capability theory. The paper concludes that the Rent Supplement, Rental Accommodation Scheme and HAP are costly market-oriented schemes and unlikely to provide satisfactory long-term housing solutions, while family hubs are far from ideal from a capability or human rights perspective. Only a significant increase in the direct provision of social housing by local authorities and housing associations can provide ontological security and well-being, and advance human-rights-based social housing.

Open access

Dónal Palcic and Eoin Reeves

Open access

Chris van Egeraat and Eleanor Doyle