Mega-mergers and expropriation highlight a trend of big cities not meeting the needs of tenants. James Twomey reports
A more than decade-old trend of big cities not meeting the demands of tenants in need of homes may be coming to a head. A historic legal ruling to lift the rent control cap in Berlin began a series of seismic moments in the German capital.
A referendum – in which a proposal to expropriate 240,000 units from ‘mega-landlords’ in the city was passed – was followed by the largest ever merger of homes between two private landlords.
In the UK, references to a housing crisis have become normalised, as have media reports of squalid conditions for tenants in social housing, and extraordinary living costs.
Meanwhile, in Germany – which boasts a generally docile and, from a UK perspective, enviable housing market – the swelling of city centres has created a social movement and, with the recent referendum in Berlin, sent ripples across the rest of the continent.
The referendum in September this year gave Berlin’s residents the opportunity to vote on the expropriation of around 240,000 homes from private landlords in the city. It passed by 56 per cent.
While not legally binding, the clear-cut result highlighted a festering problem in the German capital concerning the quantity and quality of housing stock that has parallels in almost every major European city.
For the past 30 years, the bedrock of the German housing market, and a root cause of its low levels of social housing, has been rent control. In Berlin, rent control regulates the wider housing market, of which around 85 per cent is a rental market. In theory, this naturally creates affordable housing that stimulates a private economy.
In many ways Berlin was the perfect city, perhaps the only city, for what happened next.
A strong wave of migration to the German capital, from inside and outside the country, in the wake of the 2008 financial crisis combined with an insufficient housebuilding rate to create scarcity in an overwhelmingly private market.
According to Dr Konstantin Kholodilin, a German housing expert, net migration to Berlin hit 40,000 every year from 2011. At the same time, Berlin became a hotbed for investors. New capital was flooding into the city and real estate presented itself as a strong and safe investment as interest rates were held at historic lows by the European Central Bank. This set the growth of the mega-landlords in motion.
By 2015, the total housing stock of the listed housing companies in Berlin comprised 890,000 units, Dr Kholodilin recalls.
In 2019, there were 1.67 million rental homes in total in the German capital, according to the Rosa Luxemburg Foundation.
In the week before the referendum, and local and national elections, the Berlin municipality announced a deal with two of the city’s biggest private landlords, Vonovia and Deutsche Wohnen, to purchase 14,750 apartments, around 10 per cent of each landlords’ stock, for €2.46bn.
While the local and national elections were a deadlock and are reported to probably stay that way for some months, the left-wing Social Democratic Party is believed to be most likely to take Berlin. A fine political balancing act will be required to satiate the demands of Berlin’s landlords, tenants and the future of private investment in the city.
Ideology and reality
The fall of the Berlin wall, and the Soviet Union with it, is still in living memory for many of the German capital’s inhabitants, including Dr Kholodilin. The memory and lasting culture of living in state-provided homes, as well as opposing acts of privatisation, make Berlin a city in which resistance to corporate landlordism may come as little surprise.
The referendum vote, campaigned for and won largely by students, means that once a German government is formed in the wake of the latest tied elections, a debate must be heard on expropriating homes from the likes of Deutsche Wohnen and Vonovia.
The two landlords merged mere weeks after the referendum to become the biggest corporate landlord in Europe. With 550,000 combined units, this sent a clear message of intent to tenants, campaigners, the Berlin municipality and the German government.
According to Deutsche Wohnen, the takeover by Vonovia will give the companies a combined market capitalisation of around €45bn and a combined real estate value of around €90bn.
The merger, reportedly leveraged with private investment capital, was met with disdain from tenants and campaigners – and a dose of realism.
First, there are question marks over whether the Berlin municipality could even afford to expropriate the properties, as they are predicted to cost somewhere in the region of €50bn.
For context, the Berlin municipality recently balanced its budget at around €30bn. It is not clear at this stage whether the German government would feel obliged to step in, although the possibility of a low-interest state-backed loan to cover the costs is there.
But the German government, like its UK equivalent, is weighing up the extraordinary costs of decarbonising its housing stock, and expects to spend €11.5bn in 2021 alone.
In terms of returning private properties to the public domain, whether in Berlin, Germany or further afield, the age-old question remains: where will the money come from?
Public finance vs private finance
Germany, like the UK, has had to borrow unprecedented amounts of money, around €370bn, to counter the financial damage of the COVID-19 pandemic. Even for Europe’s largest economy, this has placed a strain on the public purse, making the prospect of legally and culturally unusual expenditures, such as expropriating private homes, unlikely.
There are also concerns that once an expropriation took place, there would be no incentive for private investors to sink money into building the new homes Berlin so desperately needs.
There is also the further potential of creating huge insecurity in the market. According to Dr Kholodilin, if the properties were expropriated, there are no plans for the organisations that will own the properties to become future house builders, and any loans generated to fund the expropriation will probably come from a consortium of banks and financial institutions.
Dr Kholodilin says: “The idea is that they create an independent foundation and independent funds, but of course it will be created by the state. And then they want to take a loan, so they don’t want to pay the cash.
“So they probably hope that, with the historically low interest rates, it would be easier to do. But, at the end of the day, we’ll have to pay this €50bn plus interest.
“It’s not clear to me whether they will be able to obtain this money.”
This view is shared by Guido Bach, a senior director at the German branch of Fitch, the credit rating agency, who said the expropriation “would mean a lot of money under discussion”.
“So this would be one hurdle,” says Mr Bach. “In Fitch’s view, it would hamper future investments, because private investment would be very cautious in moving to Berlin.”
€50bn
Predicted cost of expropriating 240,000 properties in Berlin
€30bn
Amount at which the Berlin municipality balanced its budge
45%
Homeownership share in Germany
The picture in Berlin differs from that in the UK, where five million homes are earmarked for social use by registered providers and councils.
In England, housing associations own three million homes, while local authorities own 1.6 million. However, as in Germany, the power of private capital is under the spotlight, as England’s new for-profit registered providers – permitted since 2008 – begin to scale rapidly, boosting the homes they own by nearly 50 per cent this year. Landlords in the sub-sector are expected to spend £23bn on 130,000 new homes over the next five years, according to analysis published in July by Savills.
In Germany, connected to the issue is the Berlin concept of rent control, or Mietendeckel, which set rent limits in different parts of the city and stopped any rent increases for five years. It was eventually ruled unconstitutional by the German national court. The concept has been a staple of London mayor Sadiq Khan’s housing pledge, although powers would need to be granted by (an unwilling) central government.
Dr Kholodilin argues that a regulated housing market with rent control is difficult to apply evenly to all households, as they vary in size, location and quality. And to leave some properties regulated and some unregulated can create black-market behaviour in the housing market, alongside the possibility of an explosion in rental prices.
This has been seen in the more desirable areas of Berlin, such as Brandenburg and Potsdam. Consequently, private investors appear less likely to pursue homebuilding investments in areas that return uneven or risky yields.
London is a close comparator to Berlin in many ways, but the culture of homeownership in the UK far outstrips that of Germany.
For example, 63 per cent of the market in England were homeowners in 2020 – around 14.6 million households.
Germany has the second-lowest share of homeownership in all of the OECD countries, at around 45 per cent, according to the Bundesbank.
This makes rent control in England an unlikely prospect, as the economy hinges on fervent house buyers, despite rocketing house prices distorting the private and social rented sector rates.
Europe’s major cities all face similar problems, despite variance in their housing markets, of centralised labour forces, strong migration patterns, a shortage of building supplies and too few houses being built.
In the absence of strong government-backed financing there is no choice but to rely on the private sector to provide homes at the rate they are required.
The high demand for rental properties across Europe has made residential real estate even more attractive for investors. Total investment reportedly rose from €7.9bn to €66.9bn between 2009 and 2020 – a 700 per cent increase, according to data from Real Capital Analytics.
Residential investment in continental Europe reached €11.4bn in the first three months of 2021, up nearly a quarter on the same period in 2020, according to Knight Frank.
The concept of private investment in housing, especially social housing, can be an uncomfortable one. A profit-making margin for shareholders on homes designed to be affordable, and in receipt of government subsidy, could seem immoral to some.
It has been playing out in the UK for around five years, as the explosion of for-profit registered providers takes a firmer grasp of the social housing sector.
But without substantially increased grant levels, some form of private investment is essential in order to maintain the pace of homebuilding required in the UK. For Homes England, it is so essential, in fact, that the government’s delivery agency has urged institutional investors to engage with the affordable housing sector.
In a country where consecutive Conservative governments have initiated financial policies such as austerity, the UK is a long way from turning off the tap of funding that comes from private investors, in any sector. Germany, it appears, is the same.
The success of the referendum about the expropriation of all private landlords with at least 3,000 apartments is reflecting the tense discourse on rising rents in Berlin.
Despite the successful referendum, the government is not forced to implement an expropriation law.
Currently, the coalition negotiations for the new Berlin government show no clear attitude towards the referendum. So far, it has only been agreed that an expert commission will be set up to examine the feasibility of an expropriation.
However, even in the case that the coalition introduces such an expropriation law, most market players are expecting that such a law will be declared as illegal by the Federal Constitutional Court, similarly to the Berlin rental freeze.
Even in this case, the high approval rate on the referendum will increase the pressure on politics to implement further restrictions for landlords, causing sustained uncertainty for the Berlin residential market.
However, as such political uncertainty was already present in Berlin in the past few years, we notice no fundamental change on real estate investors’ view on the German capital.
From our perspective, most market players are valuing the risk of an expropriation to happen as comparably low and only a few investors and landlords would be affected anyway.
As political uncertainty in Berlin persists, some risk-averse investors may continue to avoid investing in Berlin residential property for the moment, while some more opportunistic players see a chance of less competition for products.
Matti Schenk, associate research, Savills Germany
RELATED