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CRIME

Sweden’s first case against an overpriced rental goes to court – two years after law change

For the first time, a Swedish landlord has been prosecuted for overcharging their tenant and subletting their apartment without permission from their own landlord.

Sweden's first case against an overpriced rental goes to court – two years after law change
The tenant was charged around 3,000 kronor more each month than the price allowed by law. Photo: Henrik Montgomery/TT

Sweden tightened its rules on subletting in October 2019, introducing a maximum two-year jail sentence for people found guilty of overcharging their tenants.

The landlord who is first to be prosecuted under the new laws is a man in his 40s, according to Hem & Hyra which was first to report on the case.

He was paying 6,527 kronor in monthly rent for the apartment in Hässelby, northern Stockholm, and the law states that a secondhand tenant or subletter should only be charged around 10-15 percent more than this (to cover bills and furniture). Instead, he allegedly charged at least two tenants 10,500 kronor.

The rules for people who own their apartment and sublet it are slightly different, since the base amount can be calculated based on what it would cost to get a new mortgage on the apartment, which means that subletting from someone who owns their apartment is often more expensive than subletting from someone who rents.

The case in Hässelby came to light after neighbours informed the property owner last winter that there were a lot of non-residents coming to and from the apartment. 

Then, the company that owns the apartment asked one neighbour to keep a log of who was living in the apartment and when moving companies were seen, which they then provided to police. Additional evidence included the advert for the sublet on classifieds site Blocket as well as text messages between the subletter and his tenants. The man denied the allegations when questioned by police.

As well as overcharging for the monthly rent, the charges allege that the landlord had not requested permission to sublet from the housing company, which is compulsory in Sweden. Secondhand tenants should always ask to see proof of this permission being granted, as well as a breakdown of the costs, to guard against illegal sublets.

The punishment for illegal sublets can include fines or even a jail sentence for the landlord, of up to two years.

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CRIME

How the fine you get in Sweden might be based on your income

There are two main types of fines that you could be given in Sweden: fixed fines which have a set value and fines which vary in value depending on your income. Here’s how they work.

How the fine you get in Sweden might be based on your income

How do fines work in Sweden?

The two most common types of fine are penningböter (a fixed amount of money) and dagsböter (which vary depending on your income and the severity of the crime committed).

There is a third type of fine, normerade böter, which are rare. These are usually calculated based on some aspect of the crime committed – like the value of an item stolen or damaged, or the horsepower of a motor involved in the crime, for example.

Who can issue these fines?

Fines in Sweden can be issued by four different authorities: the courts, the police, customs and the coast guard. 

Things like parking fines, fines for using public transport and library fines do also exist, but, legally speaking, they’re technically fees – kontrollavgifter or straffavgifter, rather than fines – böter. This is important, as true fines will leave you with a mark on your criminal record, while fees do not (although if you don’t pay them you may be issued with a black mark on your credit record).

Police and customs issue a type of penningböter (fixed fines) which are known as ordningsböter. If you’re given one of these fines and you admit to the crime straight away, then you essentially skip going through the courts and your fine is issued directly by the police instead of being issued by a judge in court. 

Ordningsböter can be issued for things like not being able to present your drivers licence or other ID when you’re driving a car (500 kronor), not having insurance on your moped (500 kronor), or antisocial behaviour in public spaces through, for example, urinating (800 kronor) or playing loud music (1,000 kronor).

As a general rule, fixed fines are issued for less serious crimes. They can vary in size from a minimum of 200 kronor to a maximum of 4,000 kronor per crime, while the maximum amount which can be issued at one time for multiple crimes is 10,000 kronor. These fines vary in size depending on the severity of the crime rather than the income of the person who has committed it.

Income-based fines or dagsböter (literally: “daily fines”) are issued for more serious crimes, like grievous bodily harm, theft, animal abuse, damage to property or taking pictures of classified buildings, so you’re not going to be issued one just for driving slightly over the speed limit.

How are dagsböter calculated?

They’re made up of two numbers. The first is the amount of fines issued, which varies depending on the severity of the crime (between 30 and 150, or 200 if they are being sentenced to fines for multiple crimes at once), and the second is the value of each fine, which depends on the income of the person charged, but must be between 50 and 1,000 kronor.

This means that the lowest possible daily fine is 30 fines of 50 kronor each, or 1,500 kronor, while the highest is 200 fines of 1,000 kronor each, or 200,000 kronor.

As a general rule, one daily fine is meant to be equivalent to one thousandth of the yearly income of the person charged, taking into account other aspects of their personal finances like debts, savings and anyone else they have to support financially. This means that two people committing the same crime can be sentenced to different fines.

Let’s say two people get in a fight and are sentenced to 80 daily fines each. The first one has no income, so their fine value is set at the minimum (50 kronor per daily fine) meaning they pay a total of 4,000 kronor. The other has a high yearly income, so their daily fine is set to 500 kronor, putting their total fine at 40,000 kronor, despite being sentenced for exactly the same crime.

Despite the name, daily fines are not paid by day, but they’re paid as a lump sum within 30 days from the date at which the sentence becomes legally binding. If the perpetrator of a fine refuses to pay, their fine will be passed on to the Enforcement Agency (Kronofogden), who have the power to seize and sell their assets to cover it.

If they refuse to pay the fine despite being financially able to, they can be sentenced to prison for anywhere between two weeks to three months.

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