Oil tank cleaning allocable?

Tenants keep reminding that the costs of cleaning the oil tank every few years are not ongoing costs and therefore not reimbursable maintenance costs.

The Bundesgerichtshof (BGH - German Federal Supreme Court) ruled in its judgment (11.11.2009 XIII, ZR 221/08) that tank cleaning, even if it is carried out only at intervals of several years, is a "constantly occurring" cost and this circumstance therefore does not conflict with the ability to be charged to the tenant.

Finally, cleaning does not eliminate deficiencies in the heating system, but rather maintains their functionality.

Furthermore, the BGH decided that the costs can in principle be allocated in the billing period in which they were incurred, and they have not to be divided into several billing periods.

The costs for the cleaning of the operating room including the cleaning material are also eligible.

On the other hand, so-called corrosion protection work can not be assigned to the tenant, even if they are done during the cleaning process.