Hyreslagens spruckna tak – En undersökning av takregelns genomslagskraft på andrahandshyresmarknaden

Sammanfattning: In 2019 there was a revision of the rental legislation in Chapter 12 of the Swedish Land Code. The amendment introduced new rules to solve several problems in the rental housing market. One of the main problems addressed were unreasonable rent levels in the sublease market, and a new rule was introduced to solve this problem. The rule is a reference framework for what constitutes a legal, acceptable sublease rent level. The new rule sets a maxi-mum ceiling for what amount may be charged, and is referred to as the ceiling rule. It stipulates that an acceptable rent may not exceed the first tenant’s own rent plus a permitted additional amount. A few years have now passed since the introduction of the ceiling rule, but the unreasonably high sublease rent levels remains a problem. The main purpose of this essay is to describe the effects of the ceiling rule on the rental housing market. To achieve the purpose, the essay answers the question whether the ceiling rule has had its desired effect. To do so, the essay also examines the meaning and background behind the ceiling rule and presents what the rule aims to achieve. The intended purpose of the essay is reached through the use of two methods: legal dogmatics and legal sociology. The purpose of the ceiling rule is compared with the actual situation on the sublease market to determine whether the rule has fulfilled its aim. The conclusion is that the ceiling rule has not yet led to the desired result, and that high sublease rents still constitute a major problem. In the discussion, the outcome is problematized, and a possible explanation is examined based on previously presented source material. It is difficult to identify a specific explanation to why the ceiling rule hasn’t yet been successful, but factors related to the vulnerable position of subtenants in the housing market are deemed to be crucial.