No prosecutions after rent tightening, but housing companies see a deterrent effect



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It’s called the “mattress apartment”. A house where sleeping places, often in large numbers, are rented to people who have no roof over their heads, by a tenant who uses his contract to earn money.

Recently, the municipal housing company Stockholmshem discovered what they suspect is an apartment with mattresses in Skärholmen.

– We have extensive testimonials and photographs of the interior of the apartment. These are many vulnerable people who paid expensive money, says Linn Bernhardsson, a Stockholmshem rental attorney.

The discovery resulted in The first police report from the housing company on a tenant since the Rent Law was changed on October 1 of last year. The change in the law means that a tenant who rents their home without a permit, at a cost that is more than 15 percent higher than the basic rent, risks a fine and a prison sentence of up to two years.

But so far no one has been charged under the new legislation, according to the Public Ministry’s statistics unit. Liselott Rosecrans, a Fastighetsägarna Stockholm lawyer who represents a large number of private homeowners, says the law has nevertheless taken effect.

– There has been a fantastic change, she says.

Read more: Real estate companies gain strength against black contracts

According to Liselott Rosecrans, it is common for people who have been in the housing queue for a long time to have time to arrange accommodation elsewhere once they have a rental agreement. Some still choose to accept the contract and rent the apartment.

– Many “ordinary people” in their 50s have signed a contract and rented an apartment for rent, while living in a villa. These apartments are being returned on a grand scale; most ordinary people don’t want to commit crimes, he says.

Annika Örby is Operations Manager at Störningsjouren in Gothenburg, which, among other things, works to prevent illegal subleasing.

Annika Örby is Operations Manager at Störningsjouren in Gothenburg, which, among other things, works to prevent illegal subleasing.

Photo: Sofia Sabel

Annika Örby, Operations Manager in Störningsjouren, who works on behalf of the municipal housing companies in Gothenburg, shares his opinion on the situation.

– This law has a very clear signal value. Many choose not to drive at a red light, even if there are no police nearby. The fact that subletting is a crime has raised awareness among people, he says.

Neither Fastighetsägarna Stockholm nor the Gothenburg municipal housing companies have reported any tenants to the police. On the other hand, the housing company MKB in Malmö has done it.

– We have made two police reports, says Eva Rosengren, project manager for “Incorrect rental conditions” at MKB.

One of the company’s reports has been withdrawn, but the other is still under investigation.

Most tenants who are caught with illegal subleasing agree to terminate their contracts, according to Eva Rosengren. She does not believe that the change in the law has created greater insecurity for tenants, as the layoffs can still be tried in the rental court. The situation for people who rent from dishonest hosts is more difficult.

– Unfortunately, we do not always know who the tenants are illegally, we have contact with the person who has an agreement with us. But we always try to help when we meet someone; tell them where they can go and what are the right channels, says Eva Rosengren.

If the reports from Stockholm and Malmö lead to prosecution, this can help owners decide in which cases they should make a police report. Linn Bernhardsson of Stockholmshem thinks so.

– As a landlord, you prefer not to report your tenant to the police. There is probably some uncertainty about what is required, he says.

Is there a risk that the lease will continue if no one is prosecuted for this?

– Yes, there is an absolute risk. The value of a lease is huge today, which is why these changes have been introduced. If it’s been too long without this getting anyone anywhere, it can clearly lead to more people continuing to rent, he says.

Read more: Black contract the only option when the couple moved to Gothenburg

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