Besittningsskydd
Besittningsskydd is a tenant's statutory right to stay in a home or keep occupying premises even if the landlord wants to end the tenancy. The right goes beyond what the contract says: it is protection the law gives the tenant against the landlord's notice to quit.
Jordabalken (1970:994) chapter 12 distinguishes between two forms. Direkt besittningsskydd applies to residential hyresrätt: under section 46, the tenant has a right to an extension when the landlord gives notice, except on a limited set of grounds, including that the hyresrätt is forfeited, that the tenant has materially breached the agreement, that the building is to be demolished or undergo major rebuilding without the tenant reasonably being able to stay, or that the landlord in a one- or two-family house is to occupy the home themselves. Under section 45, the protection also does not apply in full to all bostadshyra: a sublet that ends before it has lasted two continuous years, or a furnished room or a holiday home that ends before nine months, falls outside it.
The parties can contract out of the right to an extension, known as avstående från besittningsskydd, but under section 45a this as a rule requires approval by the hyresnämnd to be valid. Approval is still not needed in certain stated exceptions, including where the agreement is made after the tenancy is already running, or for a maximum of four years where the landlord is to move into the home themselves or sell the house or the bostadsrätt.
Indirekt besittningsskydd applies to lokalhyra: under sections 57 and 58b, the tenant does not get a right to stay, but a right to compensation if the landlord refuses an extension without one of the listed grounds, such as breach, demolition, rebuilding where the landlord points to acceptable replacement premises, or that the landlord's requirements for the terms of an extension are reasonable and in line with good practice in tenancies. This reasonableness assessment under section 57a starts from the market rent for comparable premises in the area. If the tenant succeeds, the compensation under section 58b must be at least one year's rent for the premises, plus any further loss, for example costs the tenant has borne for fitting out the premises. This is the sharpest difference from bostadshyra: ending a lokalhyra becomes a question of the size of the compensation, not of whether the tenant can stay.
The hyresnämnd decides both types of dispute: whether a notice is valid, whether an avstående is approved, and how compensation is calculated for lokalhyra.
The Norwegian counterpart is the protection against termination in the husleieloven, which does not distinguish between a direct and an indirect form. The sharp difference is the Swedish indirect variant for premises: it has no Norwegian counterpart, and it turns the ending of a Swedish lokalhyra into a question of compensation, not of whether the tenant keeps the right to the premises.
From Placepoint's dictionary: Besittningsskydd
More information: Riksdagen: Jordabalken (1970:994), Hyresnämnden
English: Security of tenure (Swedish-specific: direct security for residential leases, indirect security with compensation for commercial leases).
Frequently asked questions
What is the difference between direkt and indirekt besittningsskydd?
Direkt besittningsskydd applies to residential tenancies and gives the tenant a right to stay. Indirekt besittningsskydd applies to lokalhyra and gives only a right to compensation, not a right to keep occupying the premises.
Can the landlord and tenant contract out of besittningsskydd?
Yes, but such an avstående as a rule requires approval by the hyresnämnd under jordabalken chapter 12 section 45a, with some exceptions for short or newly started tenancies.
What happens if the landlord refuses to extend a lokalhyra?
The tenant as a rule has a right to compensation of at least one year's rent for the premises, unless the landlord has a valid ground, such as material breach, demolition or rebuilding.
Who decides disputes about besittningsskydd?
The hyresnämnd decides whether a notice is valid, whether an avstående is approved, and the size of the compensation for lokalhyra.
Does Norway have similar protection against termination?
The husleieloven gives the tenant protection against termination, but without the Swedish distinction between a direct and an indirect form. The indirect form for premises has no Norwegian counterpart.