---
title: "Must the landlord approve rent-to-own according to the new Act 2026:843?"
author: "Esther Asmundsson"
authorUrl: "https://bofrid.se/en/articles/authors/EstherAsmundsson"
datePublished: "2026-08-04T14:57:00.001Z"
dateModified: "2026-08-04T14:58:20Z"
description: "Must the landlord approve a rent-to-own agreement under Act 2026:843? We explain the legal requirements to safely enter a rent-to-own agreement."
keywords: ["requirements for rent-to-own tenant-owned flat", "Act 2026:843", "rent-to-own tenant-owned flat", "landlord approval", "rent-to-own agreement"]
categories: ["Hyresvärd", "Guider"]
canonical: "https://bofrid.se/en/articles/must-the-landlord-approve-rent-to-own-according-to-the-new-act-2026-843"
language: "en"
image: "https://bofrid.media/cms/54023a7b16df0d5cde6ea00890a15da3adb8d7a0.png"
---

# Must the landlord approve rent-to-own according to the new Act 2026:843?

## When is landlord approval required for rent-to-own?

When applying the Act (2026:843) on rent-to-own (hyrköp) of a dwelling, the main rule is that a rent-to-own agreement is a civil law contract between the party letting the home and the party intending to acquire it. If the property is a tenant-owned flat (bostadsrätt), it is generally required that the housing association (bostadsrättsföreningen) approves a change of ownership, which is an important factor to consider in order to meet all requirements for a rent-to-own arrangement.

According to the new legislation, the landlord (hyresvärd), as the legal or natural person owning the home, must clearly define the terms of the purchase option. This means that a landlord cannot be forced into a rent-to-own agreement; it must be a voluntary arrangement. Once an agreement has been drafted and signed, the parties are bound by the stipulated terms, provided these do not conflict with mandatory legislation.

### Formal requirements for rent-to-own of a tenant-owned flat

For a transaction to be classified as rent-to-own under Act (2026:843), more than just an expression of intent is required. The parties must ensure that the agreement includes a set purchase price or a clear calculation model for it. Without a concrete pricing structure, the agreement risks being declared invalid in the event of a legal review. Here are the central points you need to manage:

| Component | Description |
| :--- | :--- |
| Purchase price | Fixed price or clear indexation |
| Option period | Time span during which the purchase can be executed |
| Rental portion | Separated cost for right of use versus amortization |
| Approval | Board approval for the transfer of a tenant-owned flat |

Meeting these requirements for rent-to-own of a tenant-owned flat is essential to protect both the buyer's capital and the seller's right of ownership. If you are unsure how your agreement should be structured, you should consult legal expertise to ensure that all formal requirements in Act (2026:843) are met.

## What does Act (2026:843) mean for your security?

Act (2026:843) on rent-to-own of a dwelling aims to create predictability in a market that previously lacked clear regulation. For the tenant (hyresgäst), the law provides stronger protection against arbitrary price increases during the rent-to-own period. For the landlord, it provides a structured process for handling matters regarding tenant-owned flats and financing solutions.

It is important to distinguish between the ongoing rent payment and the portion that constitutes an advance payment or capital contribution. Read more about how the rent is affected in our review: [What happens to your rent during rent-to-own according to the new law?](https://bofrid.se/en/articles/what-happens-to-your-rent-in-a-rent-to-own-agreement-under-the-new-law).

## When the board must give its consent

When you enter into a rent-to-own agreement concerning a tenant-owned flat, you do not become the legal owner until the final payment has been made and the association's board has formally approved you as a member. Many make the mistake of believing that the rent-to-own agreement itself grants membership in the housing association, but this is not the case. The association's articles of association (stadgar) always apply in matters of membership assessment.

This means that the landlord often acts as an intermediary. If the association denies you membership, the rent-to-own agreement may lapse, which can lead to economic consequences if the agreement is not correctly written. Always check the association's articles of association regarding subletting and changes of ownership before signing any document.

## Tax consequences and capital formation

In a rent-to-own scenario, complex questions arise regarding whether the portion of the monthly payment that constitutes an amortization or advance payment should be considered taxable income for the landlord or a form of capital contribution for the tenant. According to Act (2026:843), the parties are obligated to declare the nature of the transaction correctly. For the tenant, it is critical to understand that the portion of the payment designated as rent does not provide a right to interest deductions or tax benefits until the ownership has actually transferred. If the buyer decides not to complete the purchase during the rental period, there is a risk that the paid funds will be considered consumed rent rather than accumulated capital, depending on how the agreement was structured.

Landlords should also be aware that extensive rent-to-own business activities can be classified as a professional business, which places requirements on bookkeeping and tax accounting according to the Income Tax Act. It is therefore of the utmost importance that an auditor or tax lawyer reviews the agreement structure before signing. Establishing how capital formation is handled in the agreement in advance is crucial to avoid disputes over refunds in the event of a breach of contract or if the buyer chooses not to exercise their purchase option. Proper handling minimizes the risk of unforeseen tax penalties for both parties.

## Frequently asked questions

**1. Does the landlord have to approve my request for rent-to-own?**
No, the landlord is not obligated to agree to a rent-to-own arrangement, but if you do choose to write an agreement, it must follow the provisions of Act (2026:843).

**2. What happens if the housing association denies the purchase?**
If the association does not approve the buyer as a member, the rent-to-own agreement normally cannot be fulfilled. The agreement should therefore contain a clause regarding what happens in the event of denied membership.

**3. Is rent-to-own safer than a regular sale?**
It depends on the terms in the agreement. Rent-to-own provides a lower threshold for entering the market but requires careful legal review to ensure that the buyer actually gains access to the home.

**4. Is the fee to the association included in the rent for rent-to-own?**
It is up to the parties to agree on this. Usually, the tenant pays the regular monthly fee to the association in addition to any partial payment towards the price of the home. Read more about fees here: [Fees for renting out a tenant-owned flat: What applies to you?](https://bofrid.se/en/articles/subletting-fees-in-swedish-housing-cooperatives-2026-trends).

## Final advice for the rent-to-own process

Navigating the rent-to-own landscape requires an understanding of both the Rent Act (hyreslagen) and the Tenant Ownership Act (bostadsrättslagen). For those who want to delve deeper into how capital and rental levels interact, you can read our guide on [rental levels](https://bofrid.se/en/articles/rental-levels-2026-guide-to-reasonable-rent-for-bostadsratt-and-how-to-calculate-capital-costs-i). Securing your housing situation through rent-to-own is a big step, and being well-informed minimizes the risks of future disputes. Also, ensure you have the right insurance coverage by reading: [What insurance is needed for rent-to-own of a home](https://bofrid.se/en/articles/what-insurance-is-needed-for-rent-to-own-housing). Remember that all agreements should be written and clear in their wording to provide you with the best possible protection.

*This text contains general information and does not constitute legal advice.*