Check permission, rent, deposit and notice terms before signing a subletting agreement.
The subletting market accounts for a large share of the available homes. Of the 20,123 vacant homes currently listed on Bojakt, 11,232 are sublets. This corresponds to 56 per cent of the listings.
A subletting agreement can be a practical route to finding a home, but the rules depend on what is being let, who is letting it and when the agreement is entered into. Since the summer, a new Private Residential Letting Act has applied to many homes owned by the landlord, while the subletting of a rented home remains subject to the rules of the Tenancy Act. Older agreements may be covered by previous provisions. The linked sources are in Swedish because they concern Swedish law. Read the current information from the authorities about the changes to the rules if you are unsure which law applies.
Start by establishing what you are renting
Ask whether the home is a rented property, tenant-owned flat, owner-occupied flat or house. The answer affects both how the rent is assessed and which rules apply to notice and besittningsskydd (security of tenure).
Rented property: the person you are renting from is the primary tenant and normally needs the landlord’s consent or permission from hyresnämnden (the Rent Tribunal).
Tenant-owned flat: the owner needs the housing association’s consent or permission from hyresnämnden to grant someone else independent use of the home.
House or other privately owned home: check that the landlord actually owns the property and has the right to enter into the agreement.
Room: if the landlord continues to live in the home, you may be a lodger rather than a subtenant. This creates a different legal position.
If you have independent use of the entire home, this indicates that it is a sublet, even if the landlord describes the arrangement differently. The Swedish Courts explain the distinction and permission requirements.
Ask to see the permission
Do not simply accept an assurance that the sublet has been approved. Ask for a copy of the consent or decision and check which home, rental period and person it covers. It is also advisable to confirm the details with the property owner or housing association.
A subletting agreement does not protect you if the landlord lacks permission to sublet. Check the right to let the property before paying.
Unauthorised subletting can have serious consequences for the person letting the home. For you as the tenant, the main risk is that the tenancy may end earlier than planned.
Rent is assessed in different ways
When a rented property is sublet, the primary rent is normally the starting point. A limited surcharge may be permitted if the home is furnished. Charges for items such as electricity, broadband or parking must correspond to the actual costs.
Different rules apply to a privately owned home. Under the new Private Residential Letting Act, the rent is set in the agreement, but hyresnämnden may adjust it if it is substantially higher than the rent generally charged for comparable private lettings. The current Private Residential Letting Act is available from the Swedish Parliament.
The median rent in Sweden is SEK 9,095 in Bojakt’s current data. This can provide context, but it does not show whether the rent for a particular home is reasonable. The type of home, location, size, facilities and what is included must be assessed in each individual case.
If you are subletting a rented property and believe that the rent is unreasonable, you can apply to hyresnämnden. There are time limits for submitting an application. Read the guidance on reasonable rent for sublets before proceeding.
The agreement should make the terms clear
Always enter into a written agreement and keep your own copy. Oral agreements are harder to prove if a dispute arises later.
The parties’ full names and contact details.
The address of the home and the areas included.
The rental period, move-in date and notice terms.
The amount of rent, payment date and what is included.
The deposit terms and when it must be repaid.
Responsibility for damage, cleaning, keys and ongoing costs.
An inventory if the home is furnished.
Photograph the home when you move in and document any existing damage together with the landlord. Also keep the agreement, permission, listing, messages and proof of payment.
Be cautious about deposits and advance payments
Do not pay before you have viewed the home, verified the landlord’s identity and received an agreement. The account must be traceable to the person or business named as the landlord. A photograph of an identity document or purported permission is not sufficient verification.
The Swedish Police warn about housing listings in which fraudsters demand rent or a deposit before a meeting has taken place. Read the Swedish Police’s advice on classified advertisement fraud and withdraw if the landlord pressures you to pay before the checks have been completed.
Do not expect to take over the tenancy agreement
A person who sublets a rented property does not automatically gain the right to the primary tenancy agreement by living there for a long time. Besittningsskydd and the right to an extension also depend on the form of tenure, the rental period and the agreement. The protection for privately owned homes differs from that applying when a rented property is sublet.
You should therefore read the notice terms carefully and plan on the basis that the accommodation may be temporary. Also check what happens if the landlord’s own tenancy agreement or permission ends.
Subletting is not the only option without a waiting list
There is no single national housing waiting-list system. Housing companies and landlords may use different selection methods, conditions and allocation procedures, meaning that the importance of waiting time varies between locations and landlords. The Swedish National Board of Housing, Building and Planning explains how housing allocation and waiting lists differ.
Primary tenancy agreements account for 44 per cent of Bojakt’s current listings. These include 2,130 primary tenancies with no waiting-time requirement. It is therefore reasonable to monitor both the primary and subletting markets rather than assume that a subletting agreement is the only possible route.
Checks before signing
Establish the type of home and who owns or rents it.
Verify the landlord’s identity and right to let the home.
Read the permission and check that it covers the agreed rental period.
Request supporting documents explaining the rent and surcharges.
Include the deposit, notice and repayment terms in the agreement.
Visit the home and document its condition before paying and moving in.
Use a traceable payment method and keep all communications.
