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PROPERTY

How to avoid being ripped off when you’re renting in Sweden

More and more people who live in second-hand rentals in Sweden are claiming they have been illegally overcharged by landlord. The Local speaks to an expert to find out how prices have changed, why, and how renters can avoid being ripped off.

How to avoid being ripped off when you're renting in Sweden
A large number of internationals in Sweden are believed to be renting apartments on the unregulated black market. File photo: Helena Wahlman/imagebank.sweden.se

Rent controls apply to many properties in Sweden, but in the larger cities the queues for these so-called first-hand contracts are so long that many people wait more than ten years for an apartment. These leaves many people relying on sublets or “second-hand” (andra hand) rentals, particularly since a tightening of requirements to get a mortgage has made it harder for Swedish residents to buy property.

And the cost of these second-hand rentals has soared over the past decade.

Figures shared with The Local by the National Board of Housing (Boverket) in 2019 showed a steady increase in the price of second-hand rentals when it came to houses, rooms, and sublets of both owned and rented apartments. The increase was most significant among sublets of owned apartments, and in the major cities where the housing shortage is particularly acute.

Assar Lindén, a lawyer at Boverket, told The Local that the groups most likely to need second-hand rentals were young people, students, and recent immigrants, particularly those who move for work or as an asylum seeker, rather than those who move to join family members.

“A lot of people have come to Sweden in recent years. We had a housing shortage before then, but this has made things really difficult, and we know that a lot of people are paying a lot of money to live in the places they want to live,” Lindén told The Local.

The housing shortage is particularly acute in Sweden’s major cities, making second-hand rentals more common there. Lindén noted that the historic university cities of Lund and Uppsala have a large supply of student accommodation, whereas this is in shorter supply in Stockholm and Gothenburg.

“You can find people from all demographics struggling with housing, but it’s mostly the young, newly arrived people and foreign workers,” he explained.

“Then there are many people being recruited to Sweden [for work]; some companies have arrangements for finding housing but if your company doesn’t offer this, you’ll have a hard time. We know there’s a substantial black market, but it’s very hard to map this.” 

Second-hand rentals are more expensive than first-hand contracts because the landlord is able to charge a premium, which increases if the property is furnished. However, the Swedish law sets a limit on exactly how much extra landlords can charge, and figures suggest many are asking for much more money than they should.

The average second-hand rental is around 65 percent more expensive than an equivalent first-hand contract, according to statistics from Boverket. And tenants who rent from a property owner pay on average 138 percent more than an equivalent first-hand rental. 

When it comes to avoiding illegal rentals, Lindén has two key pieces of advice.

The first is to make sure the landlord has permission to rent the apartment, therefore avoiding black market rentals and ensuring you have access to the proper channels in the event of any dispute.

Secondly, renters should be aware of what kind of apartment they’re renting.

“If you’re renting from someone who has a first-hand contract, they are not allowed to take more money from you than they pay themselves, unless it’s furnished and then they can add ten to 15 percent more,” he says.

“If the landlord owns the apartment, there’s a different law and it’s pretty generous [towards landlords] because they have the right not only to cover their own costs but also to cover the cost for loans and financing. This applies even if they don’t have any loans, for example if you inherited the apartment; you can still charge the tenant the amount of what the loans would be. There’s not a lot you can do about that, and in an expensive area they can charge quite a lot.”

It is possible for tenants to dispute unfairly high prices, and in fact more and more are doing so. In 2018 alone, more than 300 people complained about being overcharged for their rent, and Boverket has warned of a highly unregulated second-hand market.

But the true number of people being overcharged is likely to be much higher. Lindén told The Local that when cases go to court, “the price is seldom the only issue”.

“A lot of people are paying much more than they should, but the general impression is that they seem to accept this to a large extent. When people do make a fuss or go to court, it’s almost always when another conflict has arisen and they think they may as well complain about the high rent at this point as well,” he said.

For members

PROPERTY

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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