Tenant responsible for boiler maintenance in France
Are landlords responsible for the servicing of boilers and for repairs if they break down?
The short answer is – in the main – no.
In France, it is tenants who are responsible for the compulsory annual servicing of individual boilers.
The only exceptions are when the rental contract exceptionally states that the landlord is responsible, or when the cost of maintenance of the boiler is mentioned in the charges to be paid by the tenant.
To complete their legal duty of annual boiler maintenance, tenants can use a professional of their choice, and can opt for a boiler maintenance contract.
If, during servicing, small repairs are needed, the tenant must pay for these too – professionals use a guide to determine what are small repairs and what are large ones.
They are also charged with determining if large repairs are due to non-maint-enance, or because the boiler has reached the end of its safe operational life.
No fines are imposed if a boiler is not maintained, but a landlord can use non-maintenance as a reason for keeping a deposit when a rental agreement comes to an end, as it means it is likely the boiler will have to be changed sooner than expected.
Large repairs, or boiler replacements, however, are generally paid for by the landlord, who has a legal duty to provide decent and comfortable housing, including heating.
An exception is if tenants are not able to prove they have been maintaining the boiler, or the professional determines the breakdown is due to poor maintenance.
In such cases, tenants are responsible for the repairs or boiler replacement.
When moving into new rented accommodation, it is advisable to check that the boiler has been maintained and to obtain the maintenance certificates relating to it, to make sure you are not faced with a hefty repair bill.
Boilers concerned include those operating with oil, gas, wood, coal or multi-combustibles, such as wood pellets.
Where there is collective heating, it is the building owner or the syndicat des copropriétaires who is responsible for annual maintenance and inspection.
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