Bright bedroom in a home where the kitchen and other spaces are shared
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Lodger or subtenant when you rent a room

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Photo: Vitaly Gariev · image

How the home is used, rather than the wording of the advert, determines which rules and rights apply.

An advert for a room may describe the arrangement as lodging, subletting or shared accommodation. However, the wording of the advert does not determine what you are legally renting. What matters is whether the landlord continues to live there and whether you are entitled to use the home independently.

The distinction affects whether permission is required, how the rent is assessed, what besittningsskydd (security of tenure) applies and which rules govern termination of the agreement. The linked sources are in Swedish because they concern Swedish law. You should therefore check the arrangement before paying a deposit or moving in.

The actual living arrangement is decisive

You are normally a lodger when you rent a specified part of a home and the landlord lives in the rest of it. You may have your own bedroom while sharing the kitchen, bathroom, hallway or living room with the landlord.

It is normally considered subletting when you are entitled to use the home independently. This may be the case even if the agreement only mentions one room. If the landlord in practice lives elsewhere and you have the home at your own disposal, this indicates a subletting arrangement.

The description in the advert is not decisive. Ask who actually lives in the home and which spaces you are entitled to use.

The National Courts Administration describes a lodger as someone who rents a specified part of a flat from the person who lives in the rest of it. The authority's consolidated information about the distinction between lodging and subletting is available under subletting a home.

Permission may be required for subletting

A tenant who continues to live in a rented home does not generally need the property owner's permission to take in a lodger. However, the arrangement must not result in unreasonable living conditions, disturbances or other problems in the property. The primary tenant remains responsible to the property owner.

If the home is made available for independent use, approval from the property owner or permission from hyresnämnden (the Rent Tribunal) is normally required. Anyone who sublets without the necessary permission may put their own tenancy at risk. As a prospective tenant, you should therefore ask to see written approval when the arrangement is a sublet.

For a tenant-owned flat, independent subletting normally requires the housing association's consent or permission from hyresnämnden. If the owner continues to live in the home and only lets out one room, the arrangement is usually not considered an independent sublet.

Security of tenure differs

A lodger does not have besittningsskydd. This means that you cannot require the agreement to be extended once it has been properly terminated. The agreed notice period and other terms are therefore particularly important.

For a sublet, the protection depends on the type of home being rented, how long the arrangement has continued and whether the parties have agreed to waive the protection. However, renting a home as a subtenant for a long period does not give you the right to take over the primary tenancy.

Read more in the National Courts Administration's information about security of tenure for residential tenants.

How the home is owned affects the rent

When a room is let in a rented home, a proportionate share of the primary rent is usually used as the starting point. Furniture and actual costs for items such as electricity or broadband may affect the rent, but the landlord cannot freely set any amount they choose.

The Private Residential Lettings Act may apply to a room in a house, tenant-owned flat or owner-occupied flat. The rules governing private residential lettings have recently changed. Agreements entered into now may therefore be subject to different rules from older agreements, including when the rent is assessed. If there is uncertainty, hyresnämnden can provide guidance on which law applies and adjudicate certain disputes.

A room costs less overall but more per square metre

Bojakt's current listings include 1,772 adverts for a room in a shared home. Of these, 1,769 are let by someone other than the property owner. This information describes who is offering the property in the database, but does not by itself determine whether you are legally a lodger or a subtenant.

The median rent for a room in a shared home is SEK 5,200, and the median floor area is 16 square metres. This is equivalent to SEK 310 per square metre. For a home that is not shared, the median rent is SEK 9,500 and the price per square metre is SEK 155.

A room therefore has a lower total rent, but the private space costs more per square metre. The comparison is incomplete without information about which shared spaces, furniture and ongoing costs are included.

Of the room adverts, 57 are for corridor rooms. A corridor room may be a separate rental unit with a shared kitchen rather than a room in a private individual's home. You should therefore check the type of agreement even when the layout resembles ordinary shared accommodation.

A room can be an alternative to a housing queue

Rooms and private lettings are often offered without a traditional queuing period. This does not mean that every offer is made without a selection process. The landlord may, for example, want to meet applicants, check their finances or choose someone whose daily routine is compatible with the shared living arrangement.

At the same time, Bojakt's current listings include 2,129 primary tenancies with no queuing period. Anyone who needs a home should therefore not automatically limit their search to rooms or sublets. Broader search filters may identify both shared accommodation and primary tenancies for which no queuing period is used.

Questions to ask before moving in

  • Will the landlord live permanently in the home throughout the tenancy?

  • Which room will you have for your sole use, and which spaces are shared?

  • Is the home a rented property, tenant-owned flat, house or owner-occupied flat?

  • Has the necessary permission been obtained if the arrangement is a sublet?

  • What is included in the rent, and how was the amount calculated?

  • What notice periods apply to you and the landlord respectively?

  • Is there a deposit, and does the agreement state the repayment terms?

  • Are there rules about guests, cleaning, storage, keys and the use of shared spaces?

Put your agreement in writing

An oral agreement may be valid, but it is difficult to prove in the event of a dispute. Ask for a written agreement that clearly identifies the home and the room and states the rent, payment date, termination terms and what is included. You should also document the condition of the furniture and keep receipts for rent and the deposit.

If the landlord calls you a lodger but does not intend to continue living in the home, you should ask for an explanation and evidence of any permission to sublet. If the advert describes the arrangement as a sublet but the landlord actually shares the home with you, the rules for lodgers may be more relevant. Base your assessment on the reality behind the agreement, not its heading.

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