The revision of the boiler, which costs about 100 euros on average, generates many conflicts between tenants and owners, since it is mandatory and it is not clear who should pay. Not surprisingly, there are court decisions in both directions and the lawyers do not agree.
Is the inspection of the boiler mandatory?
In the inspection of the boiler, the proper functioning of water heaters, boilers and heaters is reviewed and verified . Except in the Basque Country, where it is mandatory to carry out the annual review, in the rest of the Autonomous Communities it has to be carried out every 2 years and must always be passed by a qualified technician, either from the brand itself or independent, as explained by Rental Sure.
However, if the boiler is higher than 70kW, the revisions must be made annually, and every 5 years in the case of heaters of more than 11 liters.
Regarding the cost, each company establishes its rates, including in many cases the repairs of breakdowns or breakage of parts. The average price is around 100 euros. It is not mandatory to contract the revision of the boiler with the own brand.
Tenant or Landlord: Who Should Pay for the Boiler Overhaul?
Josep Térmens, a lawyer specializing in urban leases, explains 20 minutes later that the review “must be paid for by the landlord . ” “This stems from article 21.1 LAU, which establishes that the landlord has the obligation to carry out the necessary repairs to keep the house in habitable conditions (unless the deterioration is attributable to the tenant),” he explains.
“The revision of the gas boiler is a maintenance of an element necessary to maintain the habitability conditions of the rented house” , indicates the lawyer. The ruling of the Provincial Court of Madrid, Section 12, 939/2013, of December 19, considered null and void a clause by which the tenant was obliged to carry out the maintenance of all the elements that required it and that were installed in the house. In the same sense, the Provincial Court of Lleida, Section 2, ruling 362/2003 fails.
The Court of Justice of the European Union (CJEU) has ruled this Tuesday that the Reference Index of Mortgage Loans (IRPH) must be subject to judicial control so that the Spanish courts can evaluate whether it is about abusive clauses included in mortgage contracts. The IRPH is a legal index that averages the interest on mortgage loans over three years.Rental contract.
However, there are some sentences that say otherwise . They consider that the maintenance of the housing facilities corresponds to the tenant, as provided in article 1555. 2 of the Civil Code. Among others, the judgment of the Zaragoza Hearings, Section 5, 627/2012, of December 5.
Therefore, it is not very clear whether the payment for the furnace service is due to the landlord or the tenant.
When is the gas installation inspection passed?
From Safe Rental they explain that the inspections consist of carrying out a survey of the general gas installation , such as: the proper functioning of the meter, the condition of the pipes, keys, rubbers … They are mandatory and, except in the Basque Country that They are held every 4 years, the rest of the communities have to pass it every 5 years.
Regarding the cost of the gas installation inspection , this is divided into two concepts: on the one hand, the management costs of the distributor are charged, which are fixed (15.49 euros) and must always be paid. On the other hand, its cost is regulated by the Autonomous Community where the property is located. If, on the contrary, we have chosen to pass the inspection with an external company, the price will be that agreed by the parties.
Who should pay for the inspection of the gas installation?
Regarding the installation of gas (and electricity and water), the repair of the installation corresponds to the landlord, according to the majority opinion of the jurisprudence of the Provincial Courts; Asturias, Section 7, judgment 13/2011, of January 18; Madrid, Section 20, judgment 579/2010, of November 10, and 122/2013, of March 14; Barcelona, Section 4, 615/2009, of December 2.
The argument is that the housing facilities must be in good conditions for use so that the housing has the habitability conditions required by Law 29/94 on Urban Leases.
But the maintenance of the facilities may be the responsibility of the tenant according to the sentences of the Provincial Court of the Balearic Islands, Section 3, 220/2013, of May 22, and Asturias, Section 7, 570/2017, of November 15.
From Safe Rental they warn that ” the door should never be opened to anyone who, without prior notice from our supply company, says to come and pass the inspection” to avoid suffering fraud. To avoid this type of scam, “the payment of the inspection will never be paid to the technician who comes to the address, but it will be the supplier company that will charge it in the next invoice”.