Subletting of rental accommodation

Subletting of rental accommodation: all you need to know

Subletting a rental property is an option offered to tenants. It can be useful when you need to move to another location for work, studies or for specific family reasons. But to make it legal and smooth, there are some important aspects to consider.

Do you need a permit for subletting?

Under the Rent Act, the consent of the landlord is normally required for subletting. If the landlord refuses consent, the tenant can apply for permission from the rent tribunal to sublet anyway. Ignoring this requirement can lead to the termination of the lease and also, in some cases, legal sanctions.

When can I sublet my apartment?

Consent for subletting should be considered by the landlord if the tenant has legitimate reasons for not using the apartment themselves, while at the same time there are reasons to maintain the connection to it. This assessment is made individually, and reasons can include things like:

• Age or health reasons
• Temporary workplace at another location
• Studies elsewhere
• Special family situations
• Long-term residence abroad

How high can the subordinate rent be?

The second-hand rent must not exceed what the first-hand tenant pays. However, it may be possible to charge an additional supplement of up to 15% for a furnished apartment. Any additional costs, such as broadband, may also be charged, but they may not exceed what the first-time tenant actually pays.

What happens with short-term rentals?

All subletting, regardless of its duration, requires a permit. Shorter unauthorized subletting can lead to the termination of the rental contract. If the unauthorized rental is at an unreasonably high rent, the tenant can be punished by law.

In situations where tenants use their homes for short-term rental arrangements, this may be considered as unauthorized hotel activity and contrary to the purpose of the housing rental. It can also create problems for neighbors and harm the interests of the landlord.

The difference between subletting and live-in accommodation

Having someone live in your apartment is not the same as subletting, and it does not require the landlord's approval. It depends on how the apartment is used and whether it has been let for independent use.

Final words

Subletting can be a beneficial solution in certain circumstances, but it is important to follow the laws and regulations. By doing so, both the tenant and the subtenant can avoid problems and ensure a smooth rental process.

For more information and advice on subletting, please contact us at uthyrning@slatto.se