Do you know what you’re entitled to demand if your train is delayed?

According to the Swedish Transport Administration, almost a third of all long-distance trains were late in 2022. Although traveling by train is smooth and easy, it’s not optimal whenever a train is delayed. That’s why it’s good to make sure to know of your rights when booking a trip by long-distance train. So if you’re hit with some bad luck, you’ll be prepared.

When traveling with most long-distance trains, you’re protected by the train regulation. This applies to journeys by train within Sweden where the trip is longer than 15 Scandinavian miles and to trips by train that goes abroad. If your train is delayed or canceled by more than an hour, you have the right to:

• get a full refund of the ticket price or get a refund for the parts of your trip that you can’t use. If the delay makes your journey pointless and you’ve already managed to start your trip, you’re also entitled to a return ticket to the place of your departure.
• get your trip rebooked as soon as possible or to a later date if you prefer.
• to continue the trip. This only applies if the train company doesn’t cancel the train due to the delay.

When you want to rebook your trip

The train company also have to make sure to keep the delay at a minimum. And if your trip needs to be rebooked, they have to present you with a new ticket offer within 1 hour and 40 minutes of the scheduled departure time. If they don’t, you have the right to rebook the trip on your own. In that case, the train company also has to reimburse you for the costs incurred, provided that they are necessary and reasonable. If, on the other hand, you want to rebook your own journey before the 1 hour and 40 minutes have passed, it would be wise to contact the train company before booking a trip. Then you can check with them if they will reimburse you for the costs incurred.

In the event of a rebooking, you have the right to receive a trip that is equivalent to the original trip. What is equivalent can have different meanings depending on the circumstances. However, what applies is that you have the right to a similar trip without being charged anything extra. For instance, if the new trip is in a higher class, the train company has to cover the extra costs. On the other hand, the train company can also book a new trip by bus instead of by train.

Your right to compensation in the event of a delayed train

When you choose to either continue your trip despite the delay or choose to be rebooked, you’re also entitled to a certain amount of compensation. If the train is between 1-2 hours late, you have the right to get 25% of the ticket price back. If the train is more than 2 hours late, you’re instead entitled to 50% of the ticket price back.

Your right to compensation doesn’t apply in certain extreme situations, such as extreme weather conditions, natural disasters and when the delay is due to sabotage. It also doesn’t apply if there is an emergency on board the train or if people have walked on the track. You’re also not entitled to compensation if the train is delayed because of you.

To receive compensation, you have to submit a claim to the train company. The easiest way to do this is to email them and send your ticket information as well as a receipt showing that you have the right documents for the trip. If the compensation you demand is less than 4 euros, the train company doesn’t have to pay you anything, but they can of course do so out of goodwill. Within one month of the train company receiving your request, you should receive your compensation or refund, either as value checks or as cash. The choice is yours to make.

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Contact Kliently lawyer Beatrice Gustafsson when you need a notary public

If you have legal affairs that require parties outside of Sweden to review and/or sign documents, you may have heard of the term notary public. It can be about contexts regarding corporate affairs, real estate affairs, adoption, etc. But what does the term mean and how do you know you’re getting the right help?

A notary public is an authorized official who performs various types of legal and official duties. Most often, it’s in connection with document management and evidence. Their main tasks are to witness and stamp documents, verify signatures, and sometimes also act as witnesses in various legal transactions. What kind of authority and powers they have may vary from country to country, but all of them play an important role in ensuring that legal documents and agreements are authentic and reliable.

Each county in Sweden has at least one notary public who is appointed by the County Administrative Board. The person must have a law degree and have sufficient language skills. The person cannot be declared bankrupt or have an administrator according to law.

The County Administrative Board trusts the person in question to, among other things:

• certificate that Swedish documents, signatures and the like are authentic. This is called issuing an apostille and means that the documents are given a special stamp of authentication.
• certify that an authority or person has the right authority or holds a certain position.
• provide explanations on legal and financial matters of importance to third parties.
• act as a witness both when seals are put on and broken and when rooms for storage are opened and closed.

When you need help from a notary public, it usually requires you to visit the appointed person to get help. You then need to bring valid identification and the papers that are necessary in your particular case.

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Do you suspect you’ve been the victim of ID theft?

Being the victim of ID theft and fraud is often very unpleasant and can have serious consequences. If you suspect that someone has taken out a loan, bought goods or, for example, signed a subscription in your name without your knowledge, it’s important that you report it quickly and prevent further damage.

Report to the police that you’ve been the victim of ID theft

The first thing you should do when you suspect you’ve been the victim of ID theft is to report it to the police. You do this by either calling 114 14 or visiting the nearest police station. By reporting the crime to the police, an investigation is started. This, in turn, increases the chances of being able to identify the suspect so that they can be brought to justice.

Block your social security number

By blocking your social security number with the credit reporting companies, you can protect yourself against more fraud being committed in your name. The major credit reporting agencies usually cooperate. Therefore, you only need to block your social security number with one of them. But to be on the safe side, it might be good to double check with the credit reporting agency that the call you’re making is enough.

Review your bank statements

It’s important that you review all your bank statements, both for bank cards and credit cards. Check for transactions or credits you don’t recognize. If you find any, you have to share the information with the police and contact your bank about the faulty transactions. The bank will then investigate how the transactions took place and help you refund them.

Contact the Swedish Tax Agency about ID theft

It’s also a good idea to contact the Swedish Tax Agency to find out if your address has been changed in the national register. Sometimes this can be done to be able to get your mail and order additional credit cards and such in your name. By informing the Swedish Tax Agency that you’ve been the victim of ID theft, you can protect yourself from further fraud.

Dispute incorrect claims

If you receive invoices and such for things you haven’t ordered, you have to dispute these. You do this by explaining the situation to the company that sent the invoice. If you don’t, the risk is that the invoices gets sent to the Enforcement Authority and that you’ll end up having to pay for purchases you didn’t make.

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Have you thought about renting out through Airbnb?

Airbnb is a popular way to both rent out and rent accommodation all over the world, including Sweden. Especially in these times when many people are facing financial struggles, renting through Airbnb can be a way to earn a little extra money. But before you post an ad about renting out your home, it’s important to be aware of the laws and regulations that apply.

1. What kind of home you have makes a difference when renting out through Airbnb

If you live in a house, you won’t need a permit to rent out through Airbnb. The same applies if you only want to rent out one room in your apartment. Then the same rules apply as when you have a boarder in your apartment. For example, you have to live in the apartment yourself during the periods when someone rents the room.

However, if you want to rent out your entire apartment, you have to have a permit to sublet the apartment to do so. For condominiums, you’ll need a permit from the condominium association. And for rental apartments, it’s instead your landlord that you need to get a permit from.

2. You may have to pay taxes and VAT when renting out through Airbnb

Whether you have to pay tax or not depends on a number of factors. In part, the rules are different depending on whether you rent out a house, condominium or a rental apartment. And in part, it makes a difference how much money you rent out your home for. If you rent out your private home for more than SEK 40,000 per year, you may have to pay tax. Then you’ll have to pay 30 percent of the surplus you get after renting out your home. In addition, you may also have to pay VAT if you rent out the home furnished and in a manner similar to hotel operations.

3. Will you be handling personal data?

When renting out through Airbnb, you need to be aware of and comply with the GDPR. GDPR is the EU’s data protection regulation and it regulates how personal data must be handled. It’s important to bear in mind that personal data counts as all information that in some way has a connection to you as a person, whether directly or indirectly. It can be anything from your name, address, telephone number and social security number to email addresses with your name, ID card number and even your IP address. Even images, videos and audio recordings that can be linked to specific individuals are considered as personal data.

When you rent through Airbnb, you may only ask for other people’s personal data if it’s necessary and only for the purpose of managing bookings. For example, you may not ask guests to use third-party websites to review your accommodation or to open website accounts. You’re also not allowed to market your accommodation after the guests stay.

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The Disclosure Act affects people who work in the public sector.

Recently, Swedish politicians have talked a lot about a Disclosure Act. Many make their voices heard, not least the professional groups that the law would apply to. And if you’ve tried to find out what the Act entails, you’ve probably seen that there are those that are both for and against it. So what does it mean to have a disclosure law and who will be affected by it? We’ll dig deeper into that below.

The Disclosure Act is a law that the Swedish Tidö parties want to introduce. It would force certain professional groups working in the public sector to report to the police and the Swedish Migration Agency if they were to meet people who are in Sweden without a permit. Professional groups that the Disclosure Act will apply to are, for example, teachers, healthcare staff and staff in social services. Today, these professional groups do not have to report if they come into contact with undocumented people. Many who work within these groups also have a duty of confidentiality, which goes against the Disclosure Act.

What happens if the Disclosure Act is introduced in Sweden?

If Sweden were to introduce a law that forces professional groups within the public sector to report undocumented people, it would affect the individual workers and not the workplace as a whole. In other words, each individual worker will be obligated to report undocumented people. This means that the consequences for those who don’t report undocumented people will also affect workers on an individual level. What those consequences may be has not been determined at this point. What is mainly discussed now is the possibility of introducing or preventing such a law.

Also, there are already other regulations that currently go against the Disclosure Act. In addition to the duty of confidentiality, it’s also against the Convention on the Rights of the Child to indicate children who doesn’t have a residence permit in Sweden. That’s why it’s difficult to predict how an act like this would work in real life. And if it’s even possible without compromising certain democratic rights people in Sweden have today.

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Make sure you’re aware of the legal aspects when buying a new build.

Buying a new build apartment can feel incredibly luxurious. Moving into a brand-new home and decorating it just the way you want is something many look forward to. However, there are certain legal aspects that are important to be aware of when purchasing a new build.

A common misconception is that issues that arise in new builds should be addressed with the construction company. But when you buy a new build, you should turn to the condominium association with any potential issues. This is because you have a lease agreement with them and not with the construction company. So for instance, if the construction company makes changes in the building process that you feel doesn’t align with what’s stated in the initial agreement, you should still take your complaints directly to the condominium association.

What if there’s something wrong with your new build?

I upplåtelseavtalet kan du se vad som ingår i köpet av din nyproduktion. Där brukar det stå hur stor bostadsrätten är, hur många rum den har, vilka övriga utrymmen som ingår, osv. Skulle det visa sig att den färdiga lägenheten inte stämmer överens med det som står i upplåtelseavtalet har du rätt att kräva att bostadsrättsföreningen rättar till det som inte stämmer. Dröjer de med att rätta till felet kan du också välja att göra det själv. Och då ska bostadsrättsföreningen stå för kostnaderna.

Skulle din förening däremot inte gå med på att rätta felet i din nyproduktion, eller om det är ett större fel som de inte kan fixa snabbt, så har du rätt att säga upp bostadsrätten i stället. Och om du och din förening inte kommer överens kan du alltid vända dig till Hyres- och arrendenämnden. De finns till för att lösa tvister i hyres- och boendefrågor. Men ska du kontakta dem kan det vara bra att prata med en jurist först. Då kan du vara säker på att du får med all nödvändig information när du skickar in din ansökan. Och du kan direkt få besked av juristen om ärendet gällande din nyproduktion är rimlig och värd att fullfölja.

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Have you discovered a hidden defect in your condominium?

Buying a condominium is a big investment and it’s important to be sure that it doesn’t lead to unnecessary costs in the long run. When you buy a condominium, you have the right to be informed of any defects that the condominium has. But some defects are difficult to spot, even for an inspector. In the event of a hidden defect in a condominium, you as a buyer have the right to demand that the seller compensate you for the defect, but there are also requirements for you as a buyer that you have to be aware of.

As a buyer, you have a duty to investigate. This means that it’s your responsibility to check the condominium carefully to discover any defects and errors. It’s also your responsibility to bring in an inspector who can examine the condominium. In order to be able to report a hidden defect, it has to have existed since before you bought the condominium, but be of such character that it couldn’t have been detected during an inspection. The defect also can’t be something that should be expected. This means that certain defects can be a natural consequence of the condominium being old, in poor condition, etc. Such defects doesn’t count as hidden defects.

How do you complain about a hidden defect in a condominium?

If you discover a hidden defect, you have to contact the seller immediately. You have up to two years to complain about any hidden defects in the condominium, but once you’ve discovered a defect, you can’t wait too long to contact the seller about it. Then you have the right to demand that the seller either pays to correct the error or that the seller compensates you by lowering the price of the condominium. Should there be a major defect, you also have the right to revoke the purchase altogether.

Sometimes it the agreement can state that the condominium is sold as is. Or the seller can insert a disclaimer clause into the contract. If the condominium is sold in its existing condition, you can still complain about any hidden defects, but there are additional requirements you have to meet. In addition to being able to demonstrate that you have discovered a hidden defect, you also have to be able to show that:

• the condominium is in a worse condition than you could have expected.
• the information the seller has given about the condominium doesn’t match the real state of it.
• the seller has withheld important information about the condominium.

However, if the seller has included a disclaimer clause in the contract, then you can’t go back and complain about hidden defects. This is because the seller has waived their responsibility for the condition of the condominium. If the seller includes a disclaimer clause in the agreement, the price for the condominium should also be lower to compensate for the disclaimer.

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Do you suspect you’re paying too much rent?

If you sublet your apartment, there’s a risk that you’ll pay too much rent. This is because some people that rent out their apartments take the opportunity to earn some extra money from it. This isn’t allowed according to Swedish law that states that rent has to be at a reasonable level. Meaning the rent can’t be too high based on what you pay for. Paying rent that is too high is also called usurious rent.

What is a reasonable rent is different depending on, among other things, the size of the apartment, location, what’s included in the rent, etc. But generally speaking, you shouldn’t have to pay more than the original rent when you sublet a rental apartment. And you shouldn’t have to pay more than the actual housing cost when you sublet a condominium. You can easily find out if you’re paying too much rent by, for example, talking to neighbors and asking what they are paying. Or by comparing the rent of other similar apartments. It’s important to remember when making such a comparison that the rent can differ by up to 5 percent. It’s when your rent differs significantly that you can be sure you’re paying too much rent.

What can you do if you pay too much rent?

If you pay too much rent, you can send an application to the rent tribunal to have the rent reduced. If the apartment is a rental, you can get back the excess rent you’ve paid. You can only get back rent up to two years back in time from the day you send your application. However, if you’re subletting a condominium, you cannot get back excess rent. If that’s the case, you can only apply to reduce your current rent.

Applying to have your rent reduced or get excess rent back can be overwhelming. That’s why we recommend contacting a lawyer who specializes in tenancy law. This way, you can make sure that your lawyer knows what your rights are and that they will help you with the process in the best possible way.

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Have you ever had disturbing neighbours?

Do your neighbours make a lot of noise that bothers you? Do you find it difficult to have peace in your home because of it? Sometimes, having neighbours can be complicated. We all can unfortunately find ourselves in situations where we have neighbours with whom we absolutely don’t get along. And often it’s because of disturbing neighbours.

The first thing you should do, if you’re in this position yourself, is to try to talk and solve the problem together with your neighbour. The best thing, of course, is if you can come to a solution together. Especially since problems like this can arise due to misunderstandings. Maybe your neighbour has very young children who have difficulties settling down. Talking to the neighbour is both the easiest option and the one that will hopefully lead to better neighbourliness in your area. But if your neighbour doesn’t listen to you and continues with the disturbances, there are a couple of things you can do to resolve the situation.

What to do if you have disturbing neighbours

You can always take your complaints directly to the landlord/housing association. If you live in rental apartment, they often have a hotline for disturbances that you can call as well. The neighbour that causes the disturbances will then be notified about the complaints and get a chance to do better.

If the reason for the disturbances is that the neighbour is careless, they have to try to stop with the disturbances. However, should the problem persist, you could file a new complaint to show that nothing has changed. If a person receives several complaints about disturbances, there’s a risk that the person won’t be allowed to stay in the apartment.

If your landlord or housing association doesn’t listen to you, you can also contact the Rent Tribunal and ask for help. In that case, it’s important to write down what the disturbance is and when it happens. By writing down a list with date, time and description of disturbance, it will be easier for the Rent Tribunal to help you. The Rent Tribunal is a type of court that deals with rental and housing issues.

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Do you think you’ll have to pay for damages on your rental apartment?

If you live in a rental apartment, you as a tenant are responsible for looking after the apartment and not causing any major damages. At the same time, it’s completely normal for wear and tear to occur in an apartment, especially if there are several of you living there. So where does the line go between normal wear and tear and major damage? When does the landlord have the right to demand that you pay for damages? And when do you have the right to refuse it?

First of all, it’s important to understand that what counts as normal wear and tear is something that’s assessed on a case-by-case basis. However, there are certain guidelines that can be used as a starting point. Examples of normal wear and tear are minor scratches in parquet floors and holes and small marks in the walls. This is the type of wear and tear that normally occurs just from living in the apartment. Then there are times when damage occurs because someone has been particularly careless. And that’s when you’re obligated to pay for damages.

When is a tenant obliged to pay compensation for damages on a rental apartment?

When deciding whether the damages that has occurred in an apartment is normal wear and tear or not, a couple of factors are taken into account. One factor is how long the tenant has lived in the apartment and how extensive the damage is. The cause of the damages are also something that’s taken into account. For example, has your child painted on the walls? Or do you have bigger and/or deeper scratches on the floor that weren’t caused by just walking on it? Then the landlord may be entitled to claim compensation for damages from you.

How big the compensation will be depends on the damage and how much it would cost to fix it. In case of damages to the walls, the compensation is often the same as the cost of painting or wallpapering the walls. If there are damages to the floors, it may instead be the same as what it costs to, for example, sand and varnish the floors.

Do you think your landlord doesn’t have the right to claim compensation from you?

Since these situations are assessed on a case-by-case basis, it’s also easy for disputes to arise between landlords and tenants. If your landlord demands compensation for damages from you and you believe that they are at fault, you can turn to the rent tribunal. The rent tribunal is like a court that only exists for rent and housing issues. And it’s with them you can raise any disputes that arise between you and your landlord. To make sure that you have the law on your side, you can also contact a lawyer with experience in tenancy law. Then you can both get an assessment of what applies in your particular situation and get help pursuing your issue with the rent tribunal.

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