Reader question: How do I convert a reduction percentage already clarified on the facts into euros, without using only the net cold rent or third-party direct contracts?
A defect and the reduction rate to be applied for it have already been clarified on the facts for a specific period. Now you want to verify the euro amount. Even with a correct rate the calculation can be wrong if only the net cold rent is used or, conversely, every private housing payment is used as the basis.
The BGH in VIII ZR 347/04 classified the gross rent including a service-charge flat rate or agreed service-charge prepayments as the assessment basis. [BGH34704] This article explains the subsequent calculation. It does not recommend a particular rate for a particular defect and does not confirm any individual right of reduction.
The legal question must be clarified before the calculation
§ 536 BGB ties in to the restricted fitness for use and the statutory requirement of significance. [BGB536] A percentage taken from the internet is not legally correct merely through correct multiplication.
For the calculation sheet you therefore need a specific month, a clarified rate and the actually recorded period. Changes during the month or several defects present at the same time require an additional temporal or legal classification. Rates are not simply added together arbitrarily.
Combine the rent components from the contract
Record the rent components agreed for the same period. With a usual breakdown these are the net cold rent and the service-charge flat rates or prepayments owed to the landlord. This corresponds to the total consideration referred to by the BGH. [BGH34704]
A separately concluded household electricity or internet contract is not thereby a rent component just because it burdens your household budget. Clarify the contractual allocation of mixed or unusual items. The actual total amount of all account debits is not a reliable statutory assessment basis.
Fictitious calculation for a whole month
For the learning example the following amounts and a rate of 10 percent for the entire month are assumed to be clarified. The rate is chosen freely and is explicitly not a recommendation for a particular condition of the dwelling.
- Agreed net cold rent: 800 Euro
- Service-charge prepayment: 150 Euro
- Heating-cost prepayment to the landlord: 100 Euro
- Together used gross rent: 1.050 Euro
- Ten percent of that: 105 Euro
- Remaining rent amount by calculation: 945 Euro
Someone who bases it only on 800 Euro would arrive at 80 Euro instead of 105 Euro. The difference is 25 Euro. A separate electricity bill is not additionally included. The example assumes a corresponding clear contractual allocation and does not represent a real claim.
Money already paid is a second calculation
Compare the determined due amount with the actually paid amount for the same month. If paid in full, this first gives rise to a possible overpayment to be checked. Whether this can be reclaimed or offset is a separate legal question. A numerical difference is not yet a complete examination of entitlements.
If less was transferred, the amount must also be clearly assigned to that month. Keep the original transfer and its payment reference. This makes it possible later to trace which difference is supposed to result from the reduction and which may have another cause.
Then review the annual statement independently
The assessment of the reduction and the later service-charge settlement are not the same calculation step. No blanket method is derived from the monthly example calculation here to reduce annual costs again by the same amount or to fictitiously assume full prepayments.
For the later settlement actual payments, reduction period and concrete statement are provided together for review. Your result at this point is a clear monthly calculation method whose legal starting data and limits remain visible.