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OPINION: Germany’s rent crisis is fuelled by fear and foolish solutions

Germany is in the grip of a housing crisis, but no-one is talking about the real causes of it, writes Hamburg-based Brian Melican.

Cranes on building sites in Hamburg's HafenCity district
Cranes on building sites in Hamburg's HafenCity district. Photo: picture alliance/dpa | Daniel Bockwoldt

Barely a week goes by in Germany without an ill-informed spat about the topic of housing. Early in the German election campaign, for instance, right-wing commentators panicked by the Greens’ high polling alighted on their high-density planning policy in my Hamburg local authority, shrieking that the nasty “eco-fascists” wanted to ban detached houses (which they didn’t). 

In terms of shrieking, though, they have been outdone by the ill-tempered Berlin initiative for compulsory purchase, fulminating against “parasitic landlords” and arguing that bringing flats into public ownership will bring rents down (which it won’t).

Whichever side they’re on, what everyone shouting about excessive rents and/or regulation seems to agree on is that Germany has a housing problem – and the closer you get to Berlin-Mitte, the more this opinion is shared. After a few years of following the debate, however, I’ve come to the conclusion that Germany does have a housing problem – or indeed problems – just not the one(s) everyone thinks.

READ ALSO: ‘Housing is a human rights’: Germany’s rent activists step up pressure

The ‘build more homes’ myth

Firstly, the received wisdom is that property and rental prices in Germany have been going up because the country is not building enough homes, so only by building lots more can Germany stop the sharp increase in prices. This is relatively comfortable common ground for all sides of the debate because building homes puts money in developers’ and banks’ pockets, injects demand into the economy, and does slow price rises to a certain extent. 

There’s a big problem with this way of looking at things, however: the precept is false. Germany does have enough homes – more than enough, actually. It’s just that they are not necessarily where most people currently want to live and, importantly, not sufficient to accommodate the rising number of single-person households with ever higher expectations in terms of space and facilities.

Don’t get me wrong: I’m not suggesting that what follows from this is necessarily that everyone has to move to the sticks and share a bedroom for the rest of their days.

By the same token, though, the current mantra – i.e. that all we need to do is just keep building new flats in popular parts of Berlin, Hamburg, and Munich and, eventually, there will be enough to reverse the price-rises – is equally wrong-headed. After all, there are simple physical limits on the amount of space cities have and, until that long-awaited revolution comes, we are living in a market economy in which everyone has the freedom to try and live where they want (and to offer stupid sums of money to do so, if they have this money to spare). This alone will always lead to price rises in popular areas; more (expensive) new build simply leads to even more demand.

I’m not saying that governments should simply give up trying to keep homes affordable for as many people as possible. What I am saying, though, is that setting “build cheap housing for everyone in city centres” or “freeze rents now” as political goals is unrealistic at best and downright disingenuous at worse (yes, Berlin politicians and campaigners, I’m looking at you).

Posters by campaigners for Berlin's referendum to bring houses from large landlords into public ownership.
Posters by campaigners for Berlin’s referendum to bring houses from large landlords into public ownership. Photo: picture alliance/dpa | Christophe Gateau

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Here in Hamburg, we are blessed with more realistic housing policy: the Senate has not made any promises it can’t keep, but simply encouraged and facilitated development everywhere, stipulating – crucially – that all new-builds must have around a third social housing.

It’s important to realise, though, that even after a decade of this, all we have are rents rising more slowly than in comparable cities and slightly better chances of finding a flat. The land of milk, honey, and cheap, chic three-bedroom Altbau apartments for all is still a long way off. And in the process, Hamburg has inflicted considerable collateral damage on itself: street trees, parks, and allotments have all fallen victim to the development drive, leaving the city ever more vulnerable to the increasingly frequent heatwaves and downpours climate change brings with it.

READ ALSO: How did it get so expensive to live in Munich?

German tenants not moving homes

Then there’s our second unidentified housing problem: inflexibility in the rental market. Overall, there is consensus in Germany that it should be difficult for landlords to get rid of tenants without a compelling reason – and I think this is a very good thing. Countries like the UK which allow no-fault evictions at two-months’ notice create serious social problems. Yet the laudable pursuit of secure tenancies has actually led Germany into something of a vicious circle.

How so? Once they let to tenants, landlords are essentially locked in: the only grounds for terminating a rental contract are rent arrears or needing the property for your own purposes; and now, in areas where Mietpreisbremse (rent brake) controls apply, landlords can’t even increase rent to keep pace with inflation.

These protections have two unintended consequences: firstly, landlords have become exceptionally picky about who they give permanent rental agreements to – just ask anyone with a foreign-sounding name or, indeed, anyone foreign without a German credit history. Secondly, for many landlords, faced with an asset whose returns are legally set to fall in value from the moment a tenant signs on the dotted line, circumventing rent controls – e.g. by renovating the hell out of an already perfectly good flat or by only letting fully-furnished apartments on rolling short-term contracts – starts to look like a sensible course of action.

Lights on in homes in the German city of Frankfurt.
Lights on in homes in the German city of Frankfurt. Photo: picture alliance/dpa | Sebastian Gollnow

I can already hear the world’s smallest violin to swing into action: “Oh, poor hard-up landlords, forced to break the law just to make a dime…!” If, however, a sizeable number of landlords are going to considerable efforts to bend the rules, then the rules may be proving counterproductive.

What is more, any tenant in Germany in their right mind takes one look at the increasing paucity of equally secure tenancies on the market and thinks: “I’m staying put.” After all, for someone with a permanent lease on a flat anywhere in a major German city, the choice is between a rent now more-or-less set in stone and a huge price jump at potentially worse contractual conditions (let me just say Staffelmiete or graduated rent increases). The result is that even people who have far too little space – or far too much – are unwilling to move, which, of course, further lowers the amount of good lettings available.

Fear is the driver of Germany’s housing problems

The key issue on both sides here is, I think, actually rather simple: fear. Landlords of all stripes, from commercial organisations with shareholders to placate right down to retired dentists letting out a flat to supplement their pension, are terrified that returns will diminish as time goes on. This leads them to try and get the maximum rent from the safest-looking tenants. Tenants, meanwhile, are also terrified: that their landlord might opt for expensive upgrades as a legal work-around for rent increases (the dreaded Luxussanierung or luxury renovation), or indeed leave the rent – but also the building and its amenities – untouched; or that they might, for whatever reason, have to try and find a new flat in a market where only picture-perfect careerists with a lot of cash seem to have a chance.

Seen from Hamburg, Berlin is a cautionary tale about what happens when fear gets out of hand and leads politics to promise unrealistic solutions: talk of freezing rents achieved nothing more than spooking landlords into pre-emptively hiking prices or, worse, selling up to the very private companies whom the city’s scared tenants have now voted to dispossess – at enormous cost to an already stretched municipal exchequer and on uncertain legal grounds.

On hot summer days, I miss the shade from the three glorious chestnut trees that got lopped down round the corner – and the new-builds there are uninspiring at best. On the plus side, Hamburg’s rental market isn’t completely broken. Yet that doesn’t stop people from claiming it is, and the first stickers for a Berlin-style referendum on compulsory purchase are already appearing on lampposts…

READ ALSO: Why Frankfurt could have the biggest housing bubble in the world

Member comments

  1. I lived in Germany for 6 months and this is the only sensible take I’ve heard on this issue in writing or in conversation. I would love to see more pieces like this; ones that aren’t afraid to buck the popular narrative to get the truth out. I was going to cancel my subscription today but this article gave me hope for more sensible reporting!

  2. I have lived in Germany for 6 months and this is the only sensible take I’ve heard on this issue in writing or in conversation. I would love to see more pieces like this; ones that aren’t afraid to buck the popular narrative to get the truth out. I was going to cancel my subscription today but this article gave me hope for more sensible reporting!

    1. Hi Matthew, thanks for your comment. We always aim to publish interesting stories for our readers, whether it’s practical articles, news, features or comment pieces like this. Thanks for supporting us and hope you enjoy it.

  3. Having lived in Germany for a few years now, I am amazed that no one talks about barriers to alternatives to renting, such as buying. It is beyond obscene at the transfer costs/taxes that are charged in Germany, any sensible person would reconsider purchasing a home or apartment just on the closing fees alone. I have the money to buy a place and refuse as it simply lines the pockets of the agents, government, and notary’s. When sensing that 12-14% above the purchase price that simply facilitates the transfer of ownership seemed crazy high, I searched how the rates in Germany compare globally, of course they are among the highest in the world here. Why do people not recognise this as an additional contributor to the rent crisis in this country.

  4. Not sure I agree with this article. In Berlin for example there is plenty of available land on which to build apartments in which people want to live. Berlin actually has pretty low population density.

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RENTING

Reader question: Can I Airbnb my German flat during Euro 2024?

The UEFA European championship will be taking place in 10 cities across Germany this summer. If you live in one of them, are you allowed to make a bit of extra cash by renting out your space?

Reader question: Can I Airbnb my German flat during Euro 2024?

Nearly three million football fans are expected to descend on Germany for the UEFA Euro tournament this summer. A total of 10 cities across Germany will field matches for the Euros.

This map on UEFA’s website shows the German cities where games will be taking place during the tournament, which runs from Friday June 14th to Sunday July 14th, 2024.

The event has many people wondering if they could earn some extra cash by renting out their homes to tourists. Here’s how you can prepare to rent out your home and stay in line with the rules. 

READ ALSO: Euro 2024: Germany to sell cheap train tickets for fans attending games

Can I put my home on rental platforms like Airbnb in Germany?

Yes, Airbnb is not outlawed in Germany. But depending on the state there may be some additional regulations to keep track of. 

What rules do Airbnb hosts in Germany follow?

All rental hosts are required to collect and retain information about guests who stay at your property for three months or less. Hosts can either purchase reporting certificates online or create certificates themselves to meet this requirement. If you retain the guest data yourself, you will be required to comply with all data protection laws like the European General Data Protection Regulation (GDPR). 

READ ALSO: What to know about renting out your home as an Airbnb in Germany

Depending on the state and city, local authorities may have additional requirements for rental hosts. 

The tournament kicks off in Munich. The Bavarian city’s regulations allow you to rent your primary home to guests for a combined total of eight weeks per calendar year without a permit. Still, you could run into trouble if more than half of the floor space is rented out without a permit.  

Berlin has strict regulations regarding short-term rentals. There are no limits for primary residences, but you are required to receive permission from district offices. The city introduced a registration system for anyone interested in renting out part of their home for a short term period. 

If less than half of the space will be rented out, you’ll need to update the relevant district authority of your plans to receive a registration number that you must include when advertising the property. You are required to obtain a permit if you plan to rent more than half of your home. 

READ ALSO: Could a landmark court ruling help solve Berlin’s housing crisis?

Hamburg also has implemented a registration system to monitor the number of holiday rental homes listed on sites like Airbnb. It doesn’t cost money to get a registration number, and you are allowed to rent out a room for eight weeks or less per year. 

Apartments in Hamburg's Eimsbüttel area.

Apartments in Hamburg’s Eimsbüttel area. Photo: picture alliance/dpa | Marcus Brandt

Can I rent out my flat if I don’t own it?

If you’re renting a property in Germany, subletting without permission can get you in trouble with the law. Tenants interested in subletting their room or apartment are required to get written permission from their landlord before they can rent their space on platforms like Airbnb and Homeaway. 

Do different rules apply to second homes?

Yes, second homes, or places you live in for less than half of the year are governed by different guidelines. 

In Germany, secondary residences cannot be rented out for more than 90 days per year. If you live in the flat you may be allowed to rent it out during periods of absence (i.e., when you are travelling), so long as you don’t change the main function of the home to renting. 

What about taxes?

German tax law requires rental income to be taxed alongside other incomes. If you receive income in Germany from short-term lets, you are legally required to report the income amounts and file a tax return

Still, there are a few exceptions. If your rental income in a year is below €520, there are no taxes charged. But if your rental income exceeds €520 then you will be taxed on the entire amount. Of note, tax only considers income to be the profit retained after expenses are deducted. 

If you don’t intend to make renting your property a habit, you may be able to classify the income as a “hobby” by the tax office. Under this classification, if you end up bringing in an income it doesn’t have to be taxed, but you also cannot claim any expenses or losses. This policy does not apply to unlimited rentals or properties charging rent at 66 percent of other local rent prices.  

Rental property may also be subject to VAT like any other business. But good news, if your rental income does not exceed €17,500 and you don’t expect to earn more than €50,000 in a year, you are not liable for VAT. 

What happens if you break the rules?

You can face eye watering fines of up to €500,000 depending on the state you live in. Some cities like Frankfurt are cracking down by employing full time “Airbnb hunters” to look for illegal listings of homes and furnished residences online.  

Note that laws are constantly changing, so be sure to check your state’s website for up to date information on short term rental regulations.

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