Yes, you can sublet your flat to a colleague, but it requires the landlord's approval and that you follow the rules in the Private Housing Act (2026:772). The Act applies to subletting of a dwelling and comes into force on 1 July 2026.
Grundregler för andrahandsuthyrning
According to Section 1 of the Private Housing Act (2026:772), the Act applies to agreements where a natural person, for payment, grants another person the use of a flat. The Act only applies if the flat is let as a dwelling. If you sublet to a colleague, it is a subletting covered by the Act.
Undantag från lagen
The Act does not apply if:
- The landlord regularly lets more than two flats that are not part of the landlord's own home.
- The landlord holds the flat under a rental right (hyresrätt).
- The letting is for leisure purposes.
If you sublet to a colleague and you yourself hold a rental right, the Private Housing Act applies, not the Land Code (jordabalken).
Vad krävs för att hyra ut till en kollega?
To sublet to a colleague, you need:
- Approval from the landlord – The landlord can refuse subletting if there are objective grounds, but you have the right to sublet if you have a valid reason, for example, that you will continue to live in the flat.
- Written tenancy agreement – Under Section 5 of the Private Housing Act (2026:772), the tenancy agreement must be in writing if either the landlord or the tenant requests it.
- Determined rent – The rent must be set as a specific amount, according to the chapter on rent in the Private Housing Act (2026:772).
Hyresnivå och skälig hyra
The rent must be reasonable and not exceed the rent you yourself pay. If you sublet to a colleague, you must state the rent in the contract and ensure it does not exceed the rent you pay. This is an important rule to avoid problems with the landlord.
Hur ansöker du om andrahandsuthyrning?
To sublet to a colleague, you need to:
- Apply to the landlord – Send a written application to the landlord with details about the colleague and the rental period.
- Wait for approval – The landlord must respond within a reasonable time. If the landlord refuses, you can appeal the decision.
- Draw up a tenancy agreement – Once the landlord has approved, you must draw up a written tenancy agreement with the colleague.
Vilka blanketter behövs?
There are no specific forms required by law, but you can use:
- Application for subletting – A written application to the landlord.
- Tenancy agreement – A written agreement between you and the colleague.
Vilka myndigheter kan hjälpa?
If you have questions about subletting, you can contact:
- The Rent Tribunal (Hyresnämnden) – For disputes between tenant and landlord.
- The Swedish Consumer Agency (Konsumentverket) – For general information about rental rights.
- The tenant-owner association (bostadsrättsföreningen) – If you live in a tenant-owned flat (bostadsrätt).
Nya regler för andrahandsuthyrning 2026
The Act provides clearer rules for subletting and protects the tenant. If you sublet to a colleague, you must follow the new rules.
Sammanfattning
Can I sublet my flat to a colleague? Yes, but you need the landlord's approval and must follow the Private Housing Act (2026:772). The rent must be determined and not exceed the rent you pay. The application must be in writing, and the tenancy agreement must be drawn up in writing.
Särskilda regler för andrahandsuthyrning till kollegor
When you sublet to a colleague, there are special considerations to take into account. According to general principles in the Private Housing Act (2026:772), the landlord must treat all tenants equally. This means you cannot give a colleague favourable terms that would not be offered to other applicants. If you work at the same workplace as the colleague, questions of conflict of interest may arise. The landlord has the right to ask questions about the purpose of the letting to ensure it is not a form of indirect employer benefit. It is therefore important that in your application you clearly state that it is a private letting and not an employment benefit. If the landlord suspects that the letting is in breach of the tenancy agreement's terms, they may refuse the application. You should therefore have a clear and transparent tenancy agreement that reflects market conditions.
Försäkring och ansvar vid andrahandsuthyrning
An aspect that is often overlooked is the insurance issue. When you sublet your flat, you as the landlord are responsible for any damage the tenant causes to the flat. Under general tort law principles, you may be liable for compensation. It is therefore important to check whether your home insurance covers subletting. Many insurance companies require you to notify them of the letting and sometimes to pay an additional premium. If damage occurs and your insurance does not cover it, you may personally be liable to pay. You should therefore always have a written tenancy agreement that regulates who is responsible for which damage. The landlord may also require you to have valid insurance before giving approval. Contact your insurance company to ensure you have the right cover before you start the letting.
Vanliga frågor
Can I sublet to a colleague without asking the landlord? No, you always need the landlord's approval for subletting.
What happens if the landlord refuses my application? If the landlord refuses, you can appeal the decision to the Rent Tribunal (Hyresnämnden).
How long can I sublet to a colleague? The rental period is set in the agreement, but under Section 6 of the Private Housing Act (2026:772), the agreement applies indefinitely unless a fixed rental period has been agreed.
Do I have to pay tax on the rent? Yes, you must pay tax on the rent. Contact the Swedish Tax Agency (Skatteverket) for more information.
Relaterade artiklar
- Can you sublet your flat?
- How much rent can you charge?
- What do the new subletting rules mean for your rent?
- Letting flats as a property company – complete guide
- Reasonable rent 2026: how to calculate the right rent
This is general information and not legal advice. Contact a lawyer or authority for specific questions.
