Commercial tenancy law, often also referred to as premises rental, is an area with which the vast majority of business owners will come into contact, whether by renting premises of their own for their operations, or by letting premises in a property that the company owns, or by sub-letting premises or transferring rented premises.
Swedish legislation governing premises rental – chapter 12 of the Swedish Land Code, or the Tenancy Act as it is popularly known – is unique and includes a multitude of formal requirements whether it concerns the drawing up or termination of a tenancy agreement, or the required condition of the premises. The rules are often perceived as complicated and a mistake can, for example, result in a notice of termination being invalid or even in a landlord being obliged to pay damages to the tenant. The parties in a tenancy relationship are free to agree whatever rent they like for the premises, but did you know that the Tenancy Act also includes rules whereby the landlord is always entitled to demand a market rate rent (market rent) in a negotiation, and equally, that the tenant is not obliged to accept a rent that is higher than the market rent or terms and conditions that are less advantageous than is reasonable and good practice in the property market?
Several of our attorneys have extensive experience of commercial tenancy law and can help your company from A to Z, i.e. throughout the rental relationship’s lifecycle – whether you need help drawing up a totally new rental agreement, giving notice of the termination of or renegotiation of an existing rental agreement, or if your company needs help with a rent tribunal, e.g. in conjunction with a mediation or deferral meeting, or a market rent statement. Our combined expertise means we have an extensive knowledge-base of experience regarding which provisions of the Tenancy Act and associated regulations must be taken into account and where there is an increased risk of an error. The Tenancy Act may include a number of provisions, but it does not include any information on the tactical considerations a tenant or landlord should make. Our Attorneys can help your company with these considerations. We can also help your company review existing rental agreements in order to identify unreasonable or unclear contractual terms and conditions and can check to ensure that the correct rent is being charged. If you have ended up in dispute with your counterparty, you are in safe hands, because our experts in commercial tenancy law often have many years’ experience of tenancy law disputes in courts of law or arbitration tribunals. The goal of the advice we provide in the field of commercial tenancy law is to focus on your company in order to identify the solution that is best for
your specific business. We also offer a number of courses in commercial tenancy law, both through our own Landahl Academy and through external course providers. We are also happy to visit your company and hold a course specifically designed for you.