Coworking agreements and office space agreements – lease or service agreement?

Short answer: A coworking or office space arrangement can legally encompass both the use of premises and the provision of services. The title of the agreement does not, by itself, determine the applicable legal framework. The more the arrangement resembles an exclusive right to use a specific space in exchange for payment, the more important it becomes to analyze the tenancy rules in Chapter 12 of the Swedish Land Code.

What is an office space agreement?

An office space agreement is often used when a company is granted the use of a desk, room, or workspace along with services such as internet, reception, meeting rooms, coffee, cleaning, and mail handling. Flexibility is a major difference compared to a traditional commercial lease agreement.

Lease or service – why does it matter?

If, in practice, the agreement constitutes a commercial lease, mandatory or semi-mandatory tenancy regulations may become relevant, including those regarding termination and indirect security of tenure. If the arrangement is primarily a flexible service without an exclusive right to a specific space, the assessment may differ. Each agreement must be analyzed based on its specific content.

What should the agreement describe?

• which space or type of workplace may be used
• whether the space is fixed, shared, or flexible
• opening hours and access
• meeting rooms, internet, reception, and other services
• price, indexation, and additional services
• deposit or security
• notice period and moving out
• responsibility for equipment and damages
• confidentiality and information security in common areas
• rules regarding guests, keys, and access cards

Security of tenure

Commercial tenants generally have an indirect security of tenure after a certain period, but there are exceptions and possibilities for waiver under specific formalities. A coworking agreement should therefore not automatically state that no security of tenure exists without first analyzing the arrangement and the regulations.

Confidentiality in open office environments

Coworking creates practical confidentiality risks. The agreement can regulate behavior in common areas, handling of visitors, confidential calls, screens, printouts, and network access. Companies that handle sensitive information should also have their own internal security procedures.

Termination and changes

Flexibility is often the business model, but it needs to be clearly defined in the agreement. Specify when prices can be changed, how termination is handled, what happens with advance payments, and how keys, access cards, and property should be managed upon termination.

Common mistakes

• using the word "membership" and assuming that tenancy law can never become relevant
• not specifying which services are included
• lacking rules for networks and confidentiality
• not regulating guests and unattended access
• notice conditions and invoicing periods not aligning

See Mallbutiken's template package for office space and coworking.

FAQ

Are all coworking agreements commercial leases?

No. The assessment depends on how the usage and services are actually structured.

Can you contractually waive security of tenure?

In certain situations, a waiver can be made, but formal requirements and sometimes approval from the Rent Tribunal may be necessary. Check the arrangement before using a standard clause.

Is an inventory list needed?

If a fixed space or room is provided with equipment, an inventory list can reduce disputes regarding what was included and in what condition.

The article provides general information and does not replace legal advice.