| Type of defect | Example | Reduction (percentage of rent) |
|---|---|---|
| Completely switched-off heating | Broken boiler, no heating at all | Significant portion |
| Low temperature | Indoor temperature below a certain level | Moderate portion |
| Heating that works but with delay | Heating starts late in the season | Smaller portion |
Yes, you can get your rent back if the heating is switched off, through what is called a rent reduction (hyresreduktion). Your right to a reduction in rent when there is a defect in the flat follows from Chapter 12, Section 16, read together with Section 11 of the Swedish Land Code (jordabalken), which gives you the right to a reasonable reduction in rent if the flat is not in the condition agreed. Heating is a central part of a home's standard, and having the heating switched off during the heating season constitutes a clear defect that entitles you to a reduction.
Rent reduction heating off – how the rules work
When the heating is switched off or not working as it should, you as a tenant have the right to claim a rent reduction. The basic rule is that the landlord must keep the flat in such a condition that it is usable for its intended purpose. A home without working heating during cold months does not meet this requirement.
The size of the reduction depends on how serious the defect is and how long it lasts. A completely switched-off heating system in the middle of winter can justify a reduction of a significant portion of the rent, while a lower temperature that is still tolerable may result in a smaller reduction. There is no fixed percentage in the law; the assessment is made on a case-by-case basis.
To get a reduction, you must notify the landlord of the defect. Do this in writing, preferably with photos and dates. If the landlord does not fix the problem within a reasonable time, you can withhold rent or apply to the Rent Tribunal (Hyresnämnden). Withholding the entire rent is risky, however – only do this after seeking advice, for example from the Swedish Union of Tenants (Hyresgästföreningen).
What counts as switched-off heating?
Switched-off heating means that the heating system does not work at all, for example a broken boiler or heating that has been turned off in the building. But even heating that provides too low a temperature can be a defect. The Public Health Agency of Sweden's (Folkhälsomyndigheten) general advice states 18 °C as the lowest operative temperature and 16 °C as the lowest air temperature; for sensitive groups, the levels are 20 °C and 18 °C respectively. If the temperature falls below this over a longer period, you may be entitled to a reduction even if the heating is not completely switched off.
It is important to document the temperature. Use a thermometer and measure in several rooms over a few days. Save the results and notify the landlord in writing. If the landlord does not fix the problem, you can request mediation or an order for action (åtgärdsföreläggande) from the Rent Tribunal; a binding claim for payment is normally examined by the district court (tingsrätten).
How much can you get in rent reduction?
There is no exact table for how much you can get in reduction, but practice from the Rent Tribunal provides some guidance. A completely switched-off heating system for a whole month can result in a reduction of a significant portion of the rent. If the heating is off for a shorter period, such as a week, the reduction may be lower.
The figures are approximate and based on how the Rent Tribunal usually assesses such cases. Your actual reduction may be higher or lower depending on the circumstances, such as how quickly the landlord fixes the defect and how severely it affects your living environment.
How to claim a rent reduction
- Notify the landlord in writing – describe the defect, when it started and how it affects you. Keep a copy.
- Document – take photos, measure the temperature and keep a log of when the heating is off.
- Give the landlord reasonable time to fix the defect – normally a few days to a week, depending on how serious it is.
- Claim a reduction – if the defect is not fixed, send a formal claim for a rent reduction referring to Chapter 12, Section 16, read together with Section 11 of the Swedish Land Code.
- Choose the right path – if the landlord refuses, the Rent Tribunal can mediate and examine an order for action. A binding claim for retroactive repayment is normally examined by the district court.
If you are unsure how to proceed, you can seek advice from the Swedish Union of Tenants and information about the process from the Rent Tribunal. If you want to make a deduction from an upcoming rent, you can instead deposit the disputed amount with the County Administrative Board (Länsstyrelsen) no later than the due date; do not deposit more than what reasonably corresponds to your claim.
Frequently asked questions
Can I get the entire rent back if the heating is switched off?
No, it is unusual to get the entire rent back. The rent reduction is reasonable and based on the extent of the defect. A completely switched-off heating system for a whole month can result in a significant reduction, but not the full rent, because you still benefit from the flat in other respects.
Do I have to keep paying rent while the heating is off?
Yes, you must pay the rent on time to avoid risking eviction yourself. But you can claim a reduction afterwards, or withhold part of the rent if you have received advice and are sure of your right. The best approach is to pay the rent and then claim a refund. If the claim is disputed, it is normally examined by the district court; the Rent Tribunal can mediate.
How long can I claim a reduction retrospectively?
You can claim a reduction for the period the defect lasted, but you should act quickly. According to limitation rules, older claims may become time-barred after a longer period, but in practice you should claim a reduction within a reasonable time after the defect has ceased. Contact the Rent Tribunal if you are unsure.
What happens if the landlord does not fix the defect?
If the landlord does not fix the defect despite reminders, you can turn to the Rent Tribunal. The Rent Tribunal can mediate and order the landlord to fix the defect. A binding claim for repayment is normally examined by the district court. In serious cases, it could even be grounds for terminating the lease, but that is a last resort.
Rent reduction heating off – what does the law say?
The right to a rent reduction for defects in the flat during the tenancy is regulated in Chapter 12, Section 16, read together with Section 11 of the Swedish Land Code. It states that the rent shall be reduced to a reasonable extent if the flat is in significantly worse condition than agreed. Switched-off heating is a clear example of such a defect.
It is important to distinguish between defects caused by the tenant themselves and defects that are the landlord's responsibility. If, for example, you have turned off the heating yourself or blocked the radiators, you are not entitled to a reduction. But if the defect is due to poor maintenance or a broken boiler, it is the landlord's responsibility.
To support your claim, you should document everything. Save emails, texts and letters to the landlord. Take photos of thermometers and radiators. If you have neighbours with the same problem, their testimony can strengthen your case.
What applies to private subletting?
The law contains similar rules on defects in the flat, but it is important to know that the law only applies to certain lettings. According to the law's own wording, it applies to agreements through which a physical person or an estate lets out a house or parts of a house to someone else for use, if the flat is used as a residence. If more than one flat is let out, the Private Housing Act (privatuthyrningslagen) only applies to the first letting; the Swedish Land Code's tenancy rules apply to other lettings.
In private subletting, the Swedish Land Code's rules on defects apply when the Private Housing Act does not state otherwise. The same principle of a reasonable rent reduction can therefore apply if the heating is switched off. Document the defect and request correction in writing.
Summary
If the heating is switched off in your flat, you have the right to claim a rent reduction. Do the following:
- Notify the landlord in writing and document the defect.
- Claim a reduction referring to Chapter 12, Section 16, read together with Section 11 of the Swedish Land Code.
- If the landlord does not agree to a reduction, the Rent Tribunal can mediate, but a binding claim for repayment is normally examined by the district court.
- Pay the rent on time to avoid your own problems, but claim a refund afterwards.
For more information on tenancy law issues, see our articles on rent reduction for defects, what happens if you do not pay the rent, and how the Rent Tribunal works. You can also read about the Private Housing Act and reasonable rent.
This text is general information and not legal advice. For your specific case, contact the Swedish Union of Tenants or the Rent Tribunal.
