Who should I contact to get information about tenancy questions?
If you have any questions about, for example, your tenancy agreement, how the rent is fixed, what you are allowed to do in your apartment, your rights if your apartment is defective, reconstitution as a tenant-owner (condominium) apartment or the rules that apply when you sublet the apartment, you can contact the Swedish Union of Tenants or the Regional Rent Tribunal.
However, the Regional Rent Tribunal cannot provide advice about how specific disputes can be resolved.
The Regional Rent Tribunal can act as mediator
If a landlord and a tenant cannot agree on a matter relating to their tenancy relationship, or if a tenant-owner association and a tenant-owner cannot agree on a matter relating to the holding, either or both parties may refer to the Regional Rent Tribunal to seek assistance with resolving the dispute.
Usually the tribunal acts as mediator in the dispute. The Regional Rent Tribunal normally presents a proposal for agreement if the parties cannot find a solution themselves at a hearing with the tribunal.
The Regional Rent Tribunal can conduct a legal review
If the parties do not agree, the Regional Rent Tribunal can determine certain tenancy and tenant-owner issues. Examples of such issues include:
- extension of the tenancy agreement after the tenant has received notice of termination with a period of notice according to the contract (security of tenure)
- determination of rent and other tenancy conditions
- transfer of tenancy to cohabitee
- exchange of apartment
- subletting of tenancies and tenant-owner apartments
- approval of waiver of security of tenure
- liability of the landlord to repair a domestic apartment
- a liability of the tenant to pay damages in the event that he/she implements a maintenance measure improperly
- membership of a tenant-owner association
- reconstitution of tenancy to tenant-owner property
- permission for or prohibition against improvement work that involves an increase in rent
In certain cases the Regional Rent Tribunal can also act as an arbitration tribunal.
What should you do if you want the Regional Rent Tribunal to consider a dispute?
If you want the Regional Rent Tribunal to consider your matter, you should send a written application by ordinary post. There is no charge for an application.
Please use the standard form "Ansökan till hyresnämnd/arrendenämnd".
Send the application to the Regional Rent Tribunal where the property is located. Click on 'Sök domstol' ('Search for court') to find the right Regional Rent Tribunal.
The Regional Rent Tribunal will send a copy of your application to the other party. Both parties are then called to a verbal meeting before the tribunal. However, the tribunal can determine certain simple matters without a meeting.
Sometimes the tribunal will inspect the apartment to which the dispute relates.
How meetings at the tribunal are conducted
It is not always necessary for a party to attend a meeting in person. In most cases, it is possible to send a representative. If you have to attend, this will be stated in the notice convening the meeting.
It is possible for the landlord/tenant-owner association or tenant/tenant-owner to have an assistant/counsel with them.
In some cases, it may be appropriate to hear someone other than the parties, for instance witnesses. If anyone considers that such a questioning should be conducted, they should notify this to the Regional Rent Tribunal in good time.
The meeting at the Regional Rent Tribunal is usually public, which means that the public are entitled to attend and listen.
At meetings, the Regional Rent Tribunal normally comprises a chairperson, who is a lawyer and is called a tenancy legal counsellor, together with two so-called 'interest members' of which one is well-acquainted with property management and one with the situation of tenants and tenant-owners.
In certain cases, the tribunal is instead composed of two tenancy legal counsellors (legally qualified judges). Sometimes - particularly with mediation - the tribunal may comprise the chairperson alone.
An officer to keep the records also usually participates at such meetings.
The chairperson opens the meeting by reviewing the documents submitted to the tribunal. Following this the parties explain their views. Then any witnesses are questioned.
Deliberation and decision
When the meeting has been concluded, the Regional Rent Tribunal will deliberate on the matter. The chairperson and the interest members will then review the matter privately and decide what solution of the dispute they should propose or what decision should be made. The parties will then return to the meeting room. The chairperson will then report on the proposed solution or the decision and explain how it is possible to appeal against it. In some cases, a decision will be issued at a later date. In that case, the chairperson will explain this at the meeting.
The decision is normally sent to the parties or their representatives by post. If the decision is issued at the hearing, it will be sent within seven days; otherwise it will be sent on the same day that it is made.
How do I appeal?
The decision of the Regional Rent Tribunal can be appealed against in writing to Svea Court of Appeal. The appeal must have been received by the Regional Rent Tribunal within three weeks of the date when the decision was made.
In the appeal, you should state which decision you are dissatisfied with, why you are dissatisfied and how you wish the decision to be changed. Read more about how the appeal is conducted in the instructions attached to the Regional Rent Tribunal’s decision.
A decision by Svea Court of Appeal in a case that has been appealed against from the Regional Rent Tribunal cannot be appealed against and thus represents a final determination of the dispute.
Some of the decisions of the Regional Rent Tribunal cannot be appealed against. For instance, this applies to permissions for exchange of apartment and subletting of an apartment. Nor can mediation matters be referred on to Svea Court of Appeal.
How much does it cost?
The Regional Rent Tribunal does not charge the parties anything. The parties must bear their own costs, for example, costs of representation or costs of lost earnings for the time the hearing takes.
In some cases, a party may be granted legal aid. Special rules on costs apply if a matter is referred to Svea Court of Appeal.