Settlement after the case have been concluded
Cases are concluded with a settlement or a decision. The parties must undertake to comply with whatever has been decided in the settlement or decision. The Rent Disputes Tribunal (HTU) will no longer be involved in the case or the implementation of settlements/decisions.
When does a settlement become binding?
Settlements become binding with immediate effect and unlike decisions they cannot normally be appealed against to the Court of Appeal within a one-month deadline. This means that whatever has been decided in a settlement shall be implemented with immediate effect.
When does a decision become binding?
Decisions can be appealed against to the Court of Appeal within a one-month deadline. Decisions become binding once the deadline for appeal to the Court of Appeal has expired and when neither of the parties has submitted an appeal by the deadline. If a decision is appealed against, it will not become binding. You will have to wait until the Court of Appeal has decided the case.
How is settlement made?
Decisions normally involve the following:
- valid or invalid termination. If termination is valid, the tenant will have to move out by the deadline specified in the decision.
- the determination of a different amount of rent. In such cases the tenant shall pay the new rent with effect from the date specified in the decision.
- one or both parties paying something to the other party. This will often be outstanding rent and/or compensation. In such cases payment shall be made by the date specified in the decision. If both parties are to pay something to each other, the amounts involved can be offset against each other.
Payment shall not be made to the HTU. Whoever has claimed payment can contact the other party in order to provide them with information about the account number to which payment shall be made. Or whoever is due to make payment can request such.
If interest is due to be paid, you will need to calculate the amount of interest yourself. This will depend on when it is paid. To help you with making such calculations you can use an interest on overdue payments calculator.
If a deposit has been put down, either of the parties can ask the bank to pay out/distribute such in accordance with the settlement or decision. Settlements are binding with immediate effect, and the bank should therefore pay out immediately when the parties request such. Decisions are binding when the one-month deadline for the submission of appeals to the Court of Arbitration has expired, and the bank will therefore defer payment until a decision is binding.
If a municipality or an employer has provided a guarantee for a tenant, then whoever is claiming money should submit their claim to the guarantor. A deadline for notifying claims may apply to guarantees. If the guarantee period has expired, it is possible that the guarantor may not cover the tenant's obligations. Guarantors must pay by the same deadline as that which would apply to the tenant after a settlement or decision has been made.
Rent guarantees provided by insurance companies or letting agents
Instead of a deposit, some tenants purchase a rent guarantee from an insurance company. These are often offered by letting agents. If a landlord is entitled to payment, the insurance company will pay the amount involved to the landlord. The insurance company will then ask the tenant to pay the same amount to the insurance company (recourse).
Enforcement in the event of non-settlement
If one or both parties fails to comply with their obligations, both settlements and decisions are enforceable. This means that you can ask the enforcement authorities for help to implement enforcement. Dedicated enforcement officers/bailiffs can be found in Norway's main towns. Outside these main towns enforcement is carried out by a Lensman.
If a claim relates to money, the enforcement authorities can enforce payment of a claim by making deductions in salary or selling the debtor's property/possessions. Debtors are entitled to retain a minimum of whatever they require to cover their own livelihood (residence, electricity, food, clothing, etc.). It is therefore only possible to force debtors to pay if they have more than they need for themselves.
If a claim relates to moving, the enforcement authorities can undertake evictions.