Besittningsskyddet vid renovering och ombildning : En rättslig och praktisk analys

Sammanfattning

In this study we will investigate the legal protection of tenants, known as "besittningsskydd", in the context of extensive renovations and the conversion of rental apartments into tenant-owned units in Sweden. The study aims to clarify how this protection operates in practice and whether current legislation provides sufficient safeguards for tenants facing such changes. To address these questions, a combination of legal dogmatic and qualitative methods was employed. The legal dogmatic approach involved systematic analysis of statutes, legislative history, case law, and legal doctrine to determine the applicable rules and principles. This was complemented by qualitative interviews with experts from the Swedish Rent Tribunal and property management, providing practical insights into how the law is applied and experienced by stakeholders. The findings reveal that, while Swedish law offers robust theoretical protection for tenants, practical challenges remain—especially for economically vulnerable groups and in urban areas with housing shortages. The law requires a careful balance between the tenant’s right to security and the property owner’s interest in developing their property. In practice, outcomes can vary depending on individual circumstances, such as the availability and suitability of alternative housing and the tenant’s personal situation. The study concludes that, although the legislative intent is clear, there is a need for further legal development and clearer guidelines to ensure equal and effective protection for all tenants.