Who should replace the broken water heater? The law is very clear on this. In the article we approach the problem from both points of view.

Who should replace a broken boiler, the tenant or the landlord?

In rented properties, there are always problems with managing heating, cooling and hot water production systems, one of which is knowing who is responsible for boiler maintenance in rented houses. It is important to have a clear idea of who should maintain any devices, in respect of checks required by law and any repairs or replacements.

Today, we look at a common situation: who should replace a broken boiler, the tenant or the landlord? After all, the boiler is an essential device for the supply of domestic hot water to the bathroom and kitchen. It is important to find out what the law says to avoid futile disputes and discussions and get straight to installing a new boiler without wasting precious time. Here is everything you need to know.

Landlord or tenant: who is responsible for the boiler?

When you are renting a property, it is essential to know what the responsibilities of the tenant (lessee) and the landlord (lessor) are, with the aim of clarifying from the start the duties of both parties. That way, you can live with peace of mind, get clear on your responsibilities and have a healthy and transparent relationship. When it comes to the boiler, and also other systems, the legal requirements are quite clear. The boiler must be kept in good condition by the landlord, who must ensure that extraordinary maintenance is carried out, as well as any repairs required in the event of damage, faults or general wear due to use. The tenant, on the other hand, must carry out ordinary maintenance on the water heater, for example by paying for obligatory checks on the exhaust fumes and for the periodic cleaning of the boiler, in line with the guidelines in the user and maintenance manual. Basically, if the property owner rents out a property with a water heater, it is provided for the tenant’s use and the tenant must maintain it effectively, taking the appropriate action required to use the device. The landlord is still responsible for faults and damage not due to use of the boiler, and if the system breaks down because it is old or due to a problem not caused by the new tenant, it is the owner of the property who must bear the costs.

Broken boiler: who pays, the tenant or the landlord?

As we’ve seen, if a boiler breaks, it is the landlord who must replace it, bearing the costs of installing a new boiler. In this case, the landlord is free to choose which system to install, for example a gas-fired water heater, an electric boiler or a more eco-friendly and efficient solution like a heat pump water heater, depending on what works best.

All the tenant needs to do is inform the landlord that the device has broken and wait for them to call a specialist technician to replace the hot water system when it has come to the end of its life. Obviously, there are more complicated situations, for example when the boiler breaks and the landlord is not quick to intervene. It is best to wait for the landlord to take care of it, to avoid any issues. In any case, if there is an urgent need for a new boiler to be installed, for example because the old one cannot be repaired and the tenant has not had hot water for several days, the tenant can pay for the new system and ask for the costs to be reimbursed later. Of course, this is an extreme case and it is always best to try to resolve the matter by making the owner aware how urgently the boiler needs to be replaced.