Tvångsförvaltning av flerbostadshus - samma boendesituation kan skilja sig avsevärt beroende på boendeform.

Detta är en Master-uppsats från Lunds universitet/Fastighetsvetenskap

Sammanfattning: Abstract The Housing Management Act (1977:792) enables compulsory management of properties that are neglected. However, the law can only be applied to tenements. In the year of 2021, the law underwent an amendment, which came into force on January 1, 2022. In all forms of housing that are in an apartment building, have common areas and constructions that require joint management. The purpose of the work is thus to investigate whether compulsory management can be a possibility in all forms of housing in an apartment building. If a property owner fails in his obligations to the tenants by not maintaining the property the rent tribunal may decide to intervene in the management of the property by means of an administrative injunction or compulsory management. However, it is not usual for the rental tribunal to decide on compulsory management, during the years 2018-2022 only nine compulsory managements have been decided on. The author has observed that there is an imbalance in what measures a resident is able to take to remedy deficiencies in their accommodation in the various forms of housing. The tenancy has far more protective measures to take in cases where the landlord fails in his maintenance obligation. The other forms of housing, which have an association of which the resident is a member, are more exposed when deficiencies arise in the accommodation or if the association's board neglects the property. The proposals, investigations, directives and motions that are circulating at the moment all indicate that there is a need for greater protection for the residents in several forms of housing. A proposal is to make the requirements for the association's accountant stricter, so that there is a requirement that the accountant is either approved or chartered. In addition, new tools should be created to prevent property owners who systematically neglect their properties from continuing to own properties for apartment buildings, similar to a business ban for a company that conducts its business in an irresponsible manner.

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