Tenancy law: No rent reduction due to empty neighbouring flats

Local Court Frankfurt an der Oder, 24 November 2004, Ref.: 25 C 1002/04

In principle, tenants can claim a rent reduction from the landlord in accordance with Section 536 (1) BGB if the rented property has a material defect or defect of title or if the rented property lacks warranted characteristics. Courts define a defect as "a deviation in the actual condition of the rented property from the contractually agreed condition that is detrimental to the tenant".

The suitability for use in accordance with the contract must be significantly impaired. According to case law, a defect is insignificant if the defect is easily recognisable and can be rectified quickly with minimal resources. According to case law, a contractually warranted characteristic is given "if the landlord indicates to the tenant by an express or tacit declaration, which has become part of the contract, that he intends to vouch for the existence of the characteristics in question and all consequences of their absence". Particularly in the area of residential leases, there are countless court decisions concerning rent reductions for a wide variety of reasons. For example, a faulty central heating system that leads to additional fuel consumption (MDR 1983, p. 229) or inadequate structural thermal insulation in living spaces (WuM 2006, p. 609) is recognised as a fault.

The Local Court of Frankfurt an der Oder now had to decide on the rent reduction of a residential tenant who had reduced the rent due to the vacancy of his neighbouring flats and the associated increase in heating costs.

Facts of the Case:

In the above-mentioned case, the tenant's neighbouring flats were empty throughout the winter. As a result, the walls of the flat cooled down, as the temperature of these flats was only regulated by the landlord to frost protection. The tenant was therefore of the opinion that the rent should be reduced as the higher consumption due to the vacancy constituted a defect.

Local Court Frankfurt an der Oder:

The Frankfurt (Oder) District Court did not follow this view. The tenant had no right to expect neighbouring flats to be occupied and therefore heated. The tenant also had no right to demand that empty flats be heated to a certain temperature by the landlord. Vacant flats in a large block of flats are to be considered a normal risk of life. (It should be noted, however, that the landlord may not only allocate the heating costs to the rented flats in the heating cost statement. The proportionate costs for the vacant flats must be paid by the landlord himself (judgement of the Federal Court of Justice ref.: VIII ZR 137/03)).

Source: Local Court Frankfurt an der Oder

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