Berlin – There is no question that the six state-owned housing companies in Berlin are indispensable as providers of inexpensive apartments. Nevertheless, the municipal landlords are not immune to making mistakes, as shown by Degewo and Howoge in the dispute over the apportionment of the costs for the purchase of smoke alarm devices.
Although the district court of Berlin decided in April last year in a tenants’ dispute against Deutsche Wohnen that the expenses for renting smoke alarm devices may not be charged as operating costs, the two municipal companies are continuing this practice, which they have also practiced up to now. And they argue that there is still no supreme court decision on the issue.
Defeat would only be complete with a ruling from the Federal Court of Justice
Degewo even refers to a judgment by the district court of Magdeburg, which affirmed the apportionability of rental costs for smoke alarm devices. Well, if Degewo were a Magdeburg housing association, they could of course refer to it. But because she is not, like the Howoge, she will have no choice but to follow the Berlin case law. At least until there is a supreme court decision in the dispute. Since Deutsche Wohnen did not appeal the Berlin district court’s decision, it can be assumed that it had no greater interest in a decision by the highest court. No wonder. Because the defeat would only be complete with a failure before the Federal Court of Justice.
What to do now? Degewo and Howoge have to change their cost allocation model and quickly pay back to the tenants the amounts that have been wrongly collected since April 2021 for the rental of smoke alarm devices. And without being asked. Otherwise, companies will face a problem that is bigger than the redistribution of costs.