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Sharp increase in tenant-owner evictions

An increasing number of tenant-owner occupiers are being evicted from their properties, with a 107 cases reported in 2010 to date.

Published: 8 November 2010 15:46 CET

A total of 1,016 cases for eviction have been submitted to Swedish rental tribunals during the first ten months of 2010, of which 103 have come from tenant-owner associations (bostadsrättsföreningar).

“If the trend continues over the remaining two months of the year then it would mean an increase of 70 percent in comparison with 2009,” said P-O Brogren at the Swedish Union of Tenants (Hyresgästföreningen) to the Metro daily.

During 2009, Swedish rent tribunals received a total of 1,026 eviction applications, of which 73 came from tenant-owner associations.

Brogren explained that one obvious explanation was that the total number had increased, but he added that “tougher attitudes from tenant-owner associations” are also a factor.

Regional rent tribunals in Sweden mediate on a number of areas of dispute relating to domestic premises and business premises.

If a dispute arises between a tenant and a landlord or between a tenant-owner association and a tenant-owner occupier, and the parties cannot themselves agree, the regional rent tribunal may mediate in the dispute.

Dispute may, for example, relate to the conditions, transfer or subletting and in some cases the tribunal would also make a decisions on certain issues, for example, the right to sublet an apartment.

The tenant-owner occupier model is the most common form of apartment ownership in Sweden. A buyer in fact acquires a share of the association, while in practice they buy the permanent ride of abode in a specific apartment within the properties formally owned by the association.

The tenant-occupier then contributes a monthly payment towards paying heating and other collective bills for the building, as well as helping to service loans taken out by the association to purchase or upkeep the building.

Grounds for eviction include non-payment of the monthly fee, repeated disturbance, or subletting without the permission of the association’s board.

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How to ensure your French property is insured for storm damage

In the wake of Storm Ciaran, thousands of property owners in France are preparing insurance claims – with initial estimates of the bill for damage between €370 million and €480 million.

Home insurance is compulsory in France, whether you own the property you live in or you rent – and it must include some level of storm damage cover.

Check also to see if your insurance provides cover in case of a declaration of a catastrophe naturelle.

The garantie tempête (storm guarantee) covers damage caused by violent winds. What constitutes a ‘violent wind’ varies from contract to contract, but there appears to be a widespread consensus of agreement on wind speeds over 100km/h.

In most insurance contracts, this covers damage caused by the storm and within the following 48 hours – so you’re covered if, for example, a tree weakened by the storm comes down within that period and damages your property.

Be aware that, while the storm guarantee automatically covers the main property, it generally only covers any secondary buildings and light constructions – such as a veranda, shed, solar panels, swimming pool or fence – if they are specifically mentioned in the contract.

The same is true of any cars damaged by debris. A basic insurance contract might not include storm damage, so it is always worth checking.

Damage must be reported to your insurer as quickly as possible. The deadline for making declarations is usually five days after any damage is noticed. This is especially important for second home owners, who may not be at the property when the damage occurs.

In some cases – such as in the aftermath of Storm Ciaran – insurers may extend the reporting period. But under normal circumstances, it’s five days after the damage has been discovered.

What happens next

To make a claim, the first thing to do is contact your insurer by phone or email. Your insurer will take you through the next steps, but usually you have to send in a declaration – which should include an estimate of any losses and for any repairs, with evidence where possible, such as photographs and any receipts for purchases.

Your insurer may also request proof of wind intensity, which can be provided for example by a nearby weather station.

The insurance company may appoint an expert to come and assess the damage, so make sure to keep damaged property safe until they arrive, as well as all invoices for any urgent repair work.

What if you’re a tenant?

If you rent your property, you must report any damage inside the accommodation to your insurer and also notify your landlord so that they can file their own claim.

In the case of a co-propriete, you must declare damage inside the accommodation to your insurer, while the trustee sends his own declaration to the collective insurance (which sometimes covers the private areas) .

How long does it take for claims to be settled?

Payment of the compensation provided for by the “storm guarantee” depends your home insurance contract. After the insurer has estimated the amount of damage, compensation is generally paid between 10 and 30 days following receipt of the insured’s agreement.

What if we got flooded?

In the case of flooding, you may have to wait for a natural disaster order to be issued.

Catastrophe naturelle

The ‘state of natural disaster’ is a special procedure that was set up in 1982 so victims of exceptional natural events, such as storms, heavy rain, mudslides and flooding, as well as drought, can be adequately compensated for damage to property.

The government evaluates each area and deems whether it qualifies for the status of catastrophe naturelle (natural disaster).

Essentially once a zone is declared a natural disaster, victims can claim from a pot of funds created by all insurers. If the zone is not declared a disaster, insurance companies are under no obligation to pay out.

Under a “state of natural disaster” residents are covered for all those goods and property that are directly damaged by the phenomenon, in this case storms.

It applies to residential or commercial buildings, furniture, vehicles and work equipment that are already covered by insurance policies.

Homes must be already covered by a multi-risk insurance policy for the status of natural disaster to count.

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