Heating failure in a rented flat: who repairs it and when

A heating failure in a rented flat is, as a rule, the landlord’s responsibility if the central heating system with its radiators has broken down or the heating stove needs replacing. The tenant takes on minor repairs and some of the appliances listed in the Act. With a gas boiler, the wording of the lease matters too. Below you will find the split of duties, the order of steps after a report and the tenant’s rights when the repair drags on.

Who repairs the heating in a rented flat?

The landlord. They are the one responsible for a working system that supplies heat, as stated in Article 6a(1) of the Tenants’ Rights Protection Act. The same provision, in section 3(3)(a) and (b), assigns to the landlord the repair and replacement of the central heating system together with the radiators, and the replacement of heating stoves.

And what falls to the tenant? The repair and maintenance of the appliances named in Article 6b(2)(4), (6) and (7) of that Act, that is instantaneous water heaters and other water heaters, coal and storage stoves, and single-flat central heating. On top of that, Article 681 of the Civil Code, consolidated text, counts minor repairs of the heating system among the tenant’s expenses. The line between a minor fault and a serious failure can be disputed, so it is better to describe it in the lease.

Heating failure in a rented flat - the split of repairs in a table

The table shows the statutory position, which the lease can make more precise.

Who pays for a heating repair in a tenancy? The party responsible for the repair itself. The exception is a fault caused by the other side, for example a radiator mechanically damaged by the tenant. A lack of heat from the district network or the building’s boiler room, in turn, is not a defect of the appliances in the flat: in that case the matter is reported to the building manager.

Gas boiler repair and the tenancy: why it is worth writing into the lease

A combi gas boiler is a classic gap in the law. The Act does not say outright who repairs it, because it does not mention such an appliance at all. It heats both the flat and the domestic hot water, so the owner sees it as a water heater and the tenant as a heating stove. Hence the disputes, which usually break out when the flat is already cold.

The simplest safeguard? A clause in the lease saying who orders and pays for the servicing, repair and replacement of the boiler. In my view these three tasks need to be separated, because they differ in the scale of the expense. It is a good idea to keep the reports from periodic gas system inspections in one place, because the inspection history in the file lets you quickly establish when the appliance was last checked.

Cold radiators in a rented flat - what does the owner do after a report?

First they establish where the flat gets its heat from, because that decides who to call. A proven order of steps looks like this:

1. Confirm the report in writing or by email, with the date and a description of the symptoms.
2. Establish the heat source: the district network, the building’s boiler room or the flat’s own boiler.
3. Contact the building manager or a service technician, depending on the result of the previous step.
4. Agree with the tenant on a time for entering the flat.
5. Document the repair: the scope of work, the contractor and the invoice.

Before the technician arrives, the tenant can check a few things on their own: whether the radiators have air trapped in them, whether the valves and thermostatic heads are open and whether the pressure in the system is within the range given in the boiler manual. In Tenanto the tenant reports a failure through the tenant panel, and the course of the repair is recorded in the building file. Delaying does not pay off: chilled walls absorb moisture, and what follows is often mould in a cold flat, which costs more to remove than a quick service visit.

What can the tenant do when the owner delays the repair?

Quite a lot. The tenant can set the landlord a reasonable deadline and, once it has passed without result, carry out the necessary repair at the owner’s expense. That is what Article 663 of the Civil Code provides. The second right comes from Article 664 para. 1: a demand to reduce the rent for the time the defect lasts. In practice, a rent reduction for defects also covers a period without heat.

Article 664 para. 2 goes further. It allows the tenant to terminate the lease without notice if the defect makes the agreed use of the flat impossible and, despite notification, has not been removed within a reasonable time. Article 682, on defects that endanger the health of the tenant or members of their household, has a similar effect. For the owner the conclusion is simple: a fast response and a complete set of documents reduce the risk of losing the tenant and of a dispute over settlements.

How to prepare a rental flat for the 2026/2027 heating season?

In September. Before the first cold days arrive and service technicians have full calendars. It is a good idea to start the heating season in a rental flat with a short checklist:

• boiler servicing carried out by a qualified technician,
• bleeding the radiators,
• checking the valves and thermostats,
• giving the tenant the phone numbers of the service technician and the building manager,
• reviewing the lease clauses on repairs.

It is also worth agreeing with the tenant how they report faults and on what terms they give access to the flat while they are away. Because a heating failure in a rented flat calls above all for quickly establishing two things: where the problem lies and who is responsible for the repair. And when the positions diverge and the lease is silent, it is sensible to consult a lawyer before the conflict escalates.

Frequently asked questions

Read also:

• Rental flat after a flood: duties of the landlord and the tenant
• Minor repairs: who pays and how to put it in writing to avoid disputes
• Flat handover report: what to record to avoid a deposit dispute
• Rental Apartment Inspections: Gas, Chimney and Electrics