Rent reduction for hot water failure – what now?

When may the rent be reduced because of a hot water failure?

A year-round hot water supply is part of the basic equipment of a flat fit for use. If this supply is fully or partially unavailable, the rent may be reduced appropriately under § 536 BGB (German Civil Code). What “appropriate” means in concrete terms is not clearly defined by law.

As a rule of thumb for the correct temperature, however, the water temperature should be between 40 and 50 degrees Celsius – constantly and without a long run-off of unused water.

Which criteria affect the amount of the rent reduction?

The degree and duration of the impairment play the main role in the question of how much of a rent reduction is appropriate.

The following questions should be answered:

• How far does the actual water temperature deviate from the target temperature?
• How much water runs off unused before the target temperature is finally reached?
• How long does it take for the water to get warm?
• Are only individual rooms affected, or all of them?

Note: In concrete terms, a year-round hot water supply means that hot water must be available at a constantly appropriate temperature in summer and winter alike, day and night. A so-called night setback must play no role whatsoever in the supply!

How do I actually apply for a rent reduction?

Well, “apply for” is actually the wrong term. A rent reduction is not applied for – it does not even have to be announced – it takes effect by operation of law.

In theory, a rent reduction is possible from the day of the notice of defect, which ideally should be brought to the landlord's attention immediately after the defect occurs. In it, you set the landlord a deadline to remedy the defect and at the same time reduce the rent appropriately. The rent may be reduced for as long as the defect persists.

It is even smarter to continue paying the full rent – but only under reservation. If you have set the rent reduction too high, this spares you legal trouble and possible claims for repayment.

By what percentage may I reduce the rent?

It is important to understand that the hot water does not have to fail completely to justify a rent reduction. Fluctuations or minor deviations from the target state are already enough.

The amount of the specific rent reduction always depends on the individual case. Making generally binding statements without knowing the individual circumstances would therefore be negligent.

Past court rulings provide initial indications of appropriate reductions, by way of example:

• For instance, the Landgericht Berlin (Berlin Regional Court, MM 2008, 298) found that a 3.5% rent reduction is appropriate if 55 degrees Celsius is only reached after 15 litres of cold water have run through.
• As a matter of principle, the Landgericht Berlin (NZM 1999, 1039) also found that 36.5 degrees Celsius is still below body temperature and therefore unsuitable for showering. A water temperature of 40 degrees Celsius must be achievable at any time without much delay.
• If the tenant first has to wait 5 minutes before the said 40 degrees Celsius is reached, a 10% rent reduction is possible (Amtsgericht Schöneberg, MM 1996, 401).
• If the water does not get warm at all between 10 pm and 7 am, you can calculate with a 7.5% rent reduction (Amtsgericht Köln, WuM 1996, 701).

Further rulings can be found in unofficial rent reduction tables.