Landlord pays for replacement, tenant pays for maintenance
The landlord pays for replacing a worn-out or defective boiler — this is a major repair related to the property’s structure. The tenant pays for annual maintenance and minor repairs (joints, bleeding radiators). If the breakdown is caused by the tenant’s failure to maintain, the tenant may be held responsible for the replacement cost.
| Task | Responsible |
|---|---|
| Boiler replacement (age/defect) | Landlord |
| Annual mandatory service | Tenant |
| Minor repairs (joints, thermostat) | Tenant |
| Descaling | Tenant |
| Radiator bleeding | Tenant |
| Repair due to tenant negligence | Tenant |
Typical replacement costs
| Boiler type | Approximate cost (installed) |
|---|---|
| Condensing gas boiler | 2,500-5,000 EUR |
| Oil boiler | 3,000-6,000 EUR |
| Heat pump (air-water) | 8,000-15,000 EUR |
| Combined boiler (heating + hot water) | 3,000-6,000 EUR |
The cost of replacement is entirely the landlord’s responsibility when the boiler has reached the end of its normal lifespan (typically 15-20 years for gas boilers).
Boiler replacement costs can be partially deducted from rental income for tax purposes. Additionally, regional energy premiums may be available for upgrading to a more efficient system (condensing boiler, heat pump).
When the tenant may be responsible
The tenant may be held responsible for boiler replacement in these situations:
- Failure to perform annual maintenance: if the tenant did not service the boiler and this led to the breakdown
- Misuse: incorrect settings, overloading, or improper handling
- Negligence: ignoring warning signs (strange noises, error codes, leaks)
The landlord must prove that the tenant’s failure caused the breakdown. Annual service invoices and the repair technician’s report are the key evidence.
If the tenant cannot produce annual service invoices, there is a strong presumption of negligence.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 requires annual boiler maintenance. Brussels offers energy premiums for upgrading to more efficient heating systems.
Wallonia
The Decree of 15 March 2018 applies the same rules. Wallonia offers Ecopack loans and premiums for heating system upgrades.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 confirms the same allocation. Flanders offers Mijn VerbouwPremie for energy-efficient heating upgrades.
Civil Code, articles 1754-1755 (tenant repairs). Civil Code, articles 1719-1720 (landlord obligations — major repairs). Regional energy regulations.