Upplåtelse

Upplåtelse is a term in Swedish civil and property law used to describe the act by which the owner of a property grants another person the right to use that property for a defined period and for a defined purpose, without transferring ownership. The concept is broad and covers several forms of use rights, including hyra (rental) of housing or business premises, arrende (lease of agricultural land or buildings), nyttjanderätt (usufruct or other rights to use someone else’s property and enjoy its fruits), and licenses or permissions to use property for a specific purpose.

In practice, an upplåtelse creates a contractual relationship between the upplåtare (the grantor) and the upplåtagare (the recipient). The exact scope and conditions are set out in the contract and governed by applicable law. The upplåtagare obtains a right to use the property as agreed, and bears duties such as paying rent and maintaining the property, while ownership remains with the upplåtare. Restrictions on use and limits on subletting are typically defined in the agreement and by relevant rules.

Duration can be fixed-term or open-ended, and termination follows the contract terms and statutory rules. Housing leases, for example, are subject to specific protections under relevant legislation, while arrende and nyttjanderätt follow their own regulatory frameworks. Subletting often requires consent unless the contract permits it.

Upplåtelse is distinct from överlåtelse (sale) or pantsättning (mortgage); it concerns use rights rather than transfer of ownership.