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What’s the difference between renting first-hand or second-hand in Sweden?

There are two rental systems in Sweden, and which option you use has an impact on the price you pay and how long you can stay.

What's the difference between renting first-hand or second-hand in Sweden?
The key difference is who you rent from, but it has wider implications. Photo: Tomas Oneborg/SvD/TT

You’ll hear people talking about renting first-hand (första hand) or second-hand (i andrahand), and the key difference between the two is who you’re renting from – but there are wider implications.

With a ‘first-hand’ rental contract, you rent directly from the landlord. That could be a municipality or a rental agency, but these properties are subject to state-regulated rent controls, which are intended to keep prices reasonable.

You can usually stay in these properties for as long as you like, provided you don’t break the terms of your contract (for example by disturbing your neighbours or failing to maintain the property or pay rent). You pay bills like electricity on top of the fixed rent.

The catch is that these are generally allocated via a queue system: you sign up, in some cities pay a nominal fee each year and earn credits the longer you queue, which give you higher priority when a property becomes available. A national housing shortage means you might be waiting for many years or even decades before you’re eligible for somewhere first-hand.

If you want to join the queue, it’s worth shopping around. Queue times vary between municipalities, so a suburb of a large city might have a much shorter wait time, and you can sometimes find queues specifically for young people or retirees.

How to claim back money if you’ve been paying too much rent in Sweden

Second-hand renting is the Swedish term for subletting. 

In this case, you’re not renting directly from the people responsible for the building, but you rent either from someone with a first-hand contract themselves (known as a hyresrätt) or from someone who has bought their property (called a bostadsrätt if it’s an apartment).

The person you rent from needs to have the permission of the building’s housing association in order to sublet (you should ask to see this) and most associations have a cap on how long the property can be rented out second-hand for – often a maximum of a year, sometimes with the possibility of extension.

Private individuals in Sweden are not allowed to rent out their accommodation solely for profit, so even though these aren’t subject to rent controls there are still caps on how much your landlord charge you.

Rent must be ‘reasonable’, which means: basic rent (the amount the landlord pays if they are renting first-hand, a proportion of the total rent if you’re lodging, or an estimate of the cost based on similar apartments if your landlord owns the apartment), an additional 10-15 percent if the apartment is furnished, fees for any other services included in the contract (internet, a parking space, electricity, TV, etc). If your landlord owns the apartment, they may also add on four percent of the home’s market value to cover the ‘cost of capital’.

In other words, it will cost more than a first-hand contract, especially if you rent from someone who owns their apartment in an expensive area rather than someone renting themselves. But as long as your landlord is following the law (which unfortunately isn’t always the case) rent shouldn’t be outrageously high.

Whether you’re a first- or second-hand renter, you always have rights to certain basic standards, for example a comfortable temperature in the apartment, the right to water and heating, and the right to use the home (without your landlord entering unexpectedly) and have guests over. 

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INTERVIEW: ‘Most foreigners in Sweden don’t know they can get back excess rent’

In Sweden, people subletting apartments are not allowed to charge more in rent than they themselves pay. But foreign subtenants don't always know this. We asked Roland Sjölin, lawyer at the Swedish Tenants' Association, about how to get back excess rent.

INTERVIEW: 'Most foreigners in Sweden don't know they can get back excess rent'

More and more of the people asking the Swedish Tenants’ Association, Hyresgästföreningen in Swedish, for help with excess rent are foreigners, Sjölin told The Local in an interview.

“The problem is that if you’re coming from another country, and you’re subletting an apartment, you’re probably not familiar with the rules in Sweden, because in other countries, it might be okay to overcharge your tenants.” 

He said that clients from India in particular seeking help from the association were now “very common”. 

“Many people come here to work as engineers in the IT sector and then have to rent somewhere,” he said, adding that as a group Indians appeared to be “very aware of their rights.”

Sweden’s rental sector is heavily regulated, with first hand contracts negotiated between landlords and the Tenants’ Association, and the rent that can be charged for second-hand contracts limited to only a small fraction above what the first-hand renter pays. 

“You’re not allowed to make any profit subletting an apartment in Sweden,” Sjölin explains. “You can only charge the subletting tenant the same rent as you [the first-hand tenant] are paying to your landlord, and then you can add the costs for internet and electricity, and perhaps a parking lot, if that is included.” 

Tenants’ Association lawyer Roland Sjölin. Photo: supplied.

You can also add a påslag or “markup”, if you are renting out the apartment fully furnished, but this cannot exceed more than 15 percent of the rent. 

That doesn’t mean that most landlords follow the law. The competition for rental apartments, especially in Stockholm, is so intense, that unscrupulous sublet landlords often try to get away with charging well over the legal amount, charging what is known in Sweden as ockerhyra, or “excess rent” and hoping that their tenants are too desperate to complain.  

What many foreigners do not realise is that even after the rental period is over, they can still get back any excess rent they have paid by applying to the Rental Board or Hyresnämnden, which functions like a court judging rental disputes. 

“If you have the evidence then it’s fairly easy,” Sjölin said. “I get a new case every second week on repayment of unfair rent, and I think that I win most of them.” 

“Nowadays, you can get paid back excess rent up to 24 months back in time, so people tend to get more money,” he added. “In some cases, they can get 200,000 kronor. In other cases, perhaps it’s only 30,000 kronor or 60,000 kronor. It depends on how long you have rented the apartment, and how excessive the rent you’ve been paying has been.”

The first step is to establish what would have been a fair rent, either by asking your landlord what they themselves pay directly or by checking with the Tenants’ Association.

“Because we negotiate most rents in Sweden, we normally know what the firsthand rent is,” Sjölin explained.

Then you need to collect together your evidence.

“It’s a good thing to have a written contract and also papers from your bank showing that you paid rent every month, and perhaps photographs of the apartment, so the rental board can get an idea of the apartment you were renting and what would be a fair rent, and also the termination for the contract so you can show the court how long you’ve been living in the apartment.” 

But Sjölin underlined that since Sweden has free burden of evidence, none of this is essential. 

“Even if you’ve been paying in cash, if you have witnesses who can testify what you were paying each month, you still have a chance of getting your money back. It’s a bit more tricky, but I’ve won two cases like that this year.” 

People in Sweden, he explained, tend to wait until the rental period is over before seeking to get paid back excess rent rather than challenging their landlord while they are still living in the apartment. 

“You don’t have any legal protection for your home for the first two years, so if you bring the matter up with the person you’re renting the apartment from you risk losing your contract and having to move out, so most people wait until they’re supposed to move anyway,” he said.

If you apply to the rental board for a refund close to the day you move out, you can then make your landlord pay back all excess rent paid in the 24 months leading up to the date you contacted the rental board.

If you are a member of the Tenants’ Association, you can contact them and ask for help with your application, but there are also specialist companies, like Orimlig Hyra AB who will buy your case off you and give you a refund within 48 hours, saving you a long wait in exchange for a cut of the money reclaimed. 

Sjölin said that the rental board normally took about 8 months to come to a judgement, but that if the person with the first hand contract appeals, that could extend the waiting time by between six months and a year.

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