If tenants have to pay for a broadband cable connection for the entire duration of their tenancy agreement, this does not violate the Telecommunications Act according to the current legal situation. This was recently decided by the Federal Court of Justice (BGH). However, this practice has no longer been permitted since December 1, 2021 anyway. The reason for this is an amendment to the Telecommunications Act. Tenants can now declare to their landlord the termination of telecommunications services as part of the tenancy if the tenancy has existed for more than 24 months. There is a transitional period for landlords until June 30, 2024.
In the current case, the Central Office for Combating Unfair Competition had filed an injunction against a large housing association in North Rhine-Westphalia. It was of the opinion that the fee-based provision of a cable connection must be terminable at least at the end of a 24-month term and that there are no rental contracts in which the term is limited to a maximum of 12 months.
As the rental agreements are concluded for an indefinite period and the tenants can terminate them in accordance with the statutory provisions by the third working day of a calendar month to the end of the calendar month after next, the BGH rejected the appeal by the Wettbewerbszentrale. The lower courts had also ruled in favor of the housing construction company.
Source: BGH/I ZR 106/20
© Fotolia
