Karlsruhe Local Court, 13.01.2017, Ref.: 2 C 1353/16
The landlord is responsible for the regular inspection and, if necessary, maintenance of the gas pipes in the building - such as all pipes and installations. As soon as defects occur in the installations, these constitute a material defect in the rented property, which may entitle the tenant to a rent reduction.
If the landlord adheres to the specifications of the so-called TRGI 2008 (Technical rule for gas installations 2008)If the tenant adheres to the recommended intervals, he can also pass on the costs of the gas pipe inspection to the tenant as operating costs. In this respect, the regular inspection of the gas pipe can be passed on to the tenant if it is carried out every two years, as this fulfils the economic efficiency requirement.
Facts of the Case:
Landlord arranges for a qualified inspection of the gas pipes every two years
In the case discussed here, the defendant, i.e. the landlord, had a so-called qualified gas pipe inspection carried out every two years on the gas pipes that were laid in the property rented to the plaintiff, i.e. the tenant. According to the TRGI 2008 cited by the plaintiff, this spot check should be carried out every two years.
The landlord included the resulting costs in the statement of operating costs. The plaintiff, on the other hand, was of the opinion that the two-yearly gas pipe inspection violated the principle of economic efficiency.
Tenant sees economic efficiency requirement violated and sues landlord for payment
For this reason, he demanded a refund of the costs of the gas pipe inspection that he had initially paid to the defendant.
The economic efficiency requirement is anchored in Section 556 (3) BGB and states: The advance payments for operating costs must be settled annually; the principle of economic efficiency must be observed.
Decision of the Local Court of Karlsruhe:
Local court refers to TRGI 2008, which provides for a two-year inspection
The Karlsruhe district court dealing with the claim did not agree with the plaintiff's view and dismissed the claim. The TRGI 2008 states that a qualified visual inspection of the gas pipes should be carried out every two years or is recommended. The TRGI 2008 contained the recommendations of the DVGW (German Technical and Scientific Association for Gas and Water).
The TRGI 2008 contains three different test methods:
simple visual inspection (once a year), qualified visual inspection with a gas detector and preparation of a detailed report (every two years), testing for leaks and serviceability by means of a pressure test by a specialised company (every 12 years). The defendant complied with these instructions and recommendations.
Tenant must bear the costs of checking the gas pipe
For this reason, there is no violation of the economic efficiency requirement. Consequently, the tenant had to bear the costs of the inspection of the gas pipe. The defendant, i.e. the plaintiff's landlord, therefore did not owe the plaintiff the repayment of operating cost payments made in the amount of EUR 63.66 in accordance with §§ 535, 556 BGB.
Source: Karlsruhe Local Court
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