Rent reduction for hot water failure – what now?

What applies to a rent reduction for hot water failure?

• Hot water in the kitchen and bathroom is part of the basic fit-out of a defect-free flat.
• Hot water must be available every day of the year, at any time of day.
• If the supply is wholly or partly restricted, you may reduce the rent by an appropriate amount.
• What counts as “appropriate” depends on the individual case.

Who has to provide the hot water & pay for it?

The landlord is obliged to keep the technical systems for the hot water supply running all year round (Munich Local Court, WuM 1987, 382).

In return, the tenant bears the costs under § 2 of the Operating Costs Ordinance (Betriebskostenverordnung). Because you pay for the hot water, you also have the right to an uninterrupted supply.

If a flat gets its hot water from boilers, the landlord must make sure these work too. If a boiler breaks down, the landlord has to repair it.

It does not matter what you need the hot water for: cleaning, showering, washing clothes, anything. Nor does it matter how much hot water you use per day. Through your service charges you already pay for the hot water to be provided. If it is not provided, you may reduce the rent.

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When may I reduce the rent for a hot water failure?

A year-round hot water supply is part of the basic fit-out of a usable flat. If that supply is wholly or partly missing, the rent may be reduced by an appropriate amount under § 536 BGB. The law does not spell out what “appropriate” means.

As a rule of thumb, the water temperature should be between 40 and 50 degrees Celsius, at all times and without a long run of unused water first.

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Which factors affect the size of the rent reduction?

The degree and duration of the impairment matter most when judging whether a reduction is appropriate.

Answer these questions:

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

Note: a year-round supply means hot water at a constant, adequate temperature in summer and winter, day and night. A so-called night-time setback is not allowed to affect the supply.

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How do I actually claim the rent reduction?

“Claim” is actually the wrong word. You do not apply for a rent reduction or claim it from anyone, and you do not even have to announce it: it takes effect by law.

In theory, you can reduce the rent from the day you report the defect, which you should ideally do as soon as it occurs. In that notice you set the landlord a deadline to fix the defect and reduce the rent by an appropriate amount at the same time. You may reduce the rent for as long as the defect persists.

The smarter approach is to keep paying the full rent, but only under reservation (unter Vorbehalt). If you have set the reduction too high, this spares you legal trouble and possible repayment claims.

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By what percentage may I reduce the rent?

Important: the hot water does not have to fail completely to justify a rent reduction. Fluctuations or minor deviations from the target are enough.

The exact amount always depends on the individual case. Giving a blanket figure without knowing the circumstances would be careless.

Past court rulings give a first indication of appropriate reductions:

• The Berlin Regional Court (MM 2008, 298) found a 3.5% reduction appropriate where 55 degrees Celsius was only reached after 15 litres of cold water had run through.
• The Berlin Regional Court (NZM 1999, 1039) also held that 36.5 degrees Celsius is below body temperature and therefore unsuitable for showering. 40 degrees Celsius must be available at any time without a long wait.
• If the tenant has to wait 5 minutes before the water reaches 40 degrees Celsius, a 10% reduction is possible (Schöneberg Local Court, MM 1996, 401).
• If the water does not get hot at all between 10 pm and 7 am, you can reckon with a 7.5% reduction (Cologne Local Court, WuM 1996, 701).

Further rulings can be found in unofficial rent reduction tables.

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How much rent reduction without hot water?

If the hot water fails completely, around 10% of the gross rent for each day of the failure is appropriate. In winter, especially if the heating fails at the same time because it runs on the same system, courts have awarded considerably higher rates. For a partial failure, say only at night or with a long run-up time, the rates range from 3.5% to 10%.

You reduce the rent only for the days on which the defect exists, not as a flat rate for the whole month. The basis is the gross rent: basic rent plus advance payments for service and heating costs.

How to calculate per day and per week:

• Gross rent × reduction rate = reduction for a full month.
• That amount ÷ days in the month = reduction per day.
• Reduction per day × days of failure = your reduction amount.

Example: your gross rent is 900 euros and the hot water fails completely in November. 10% of 900 euros is 90 euros a month; divided by 30 days, that is 3 euros a day. A week without hot water comes to 21 euros, ten days to 30 euros. If the hot water is only missing at night, use 7.5%, so 2.25 euros a day.

Use the rulings above as a guide: 7.5% for no hot water between 10 pm and 7 am (Cologne Local Court, WuM 1996, 701) and 10% for a five-minute wait until the water reaches 40 degrees Celsius (Schöneberg Local Court, MM 1996, 401). There is no binding table; every court decides the individual case.

The reduction starts on the day the landlord knows about the defect. So report the failure in writing straight away (§ 536c BGB) and note the date, time and measured water temperature. Set your reduction a little low, or pay under reservation: if you reduce too much and the arrears reach two months' rent, the landlord may terminate without notice under § 543 BGB. If you are unsure, have the rate checked by a tenants' association or a specialist tenancy lawyer.

Frequently asked questions