On 17 November 2010 the Federal Court had to decide (VIII ZR 112/10) concerning the use of water meters in the consumption calculation for the utility bill. Whether the water meter consumption measurements are correct or not is often disputed. Who has to prove what? The Supreme Court is different according to whether a calibrated or uncalibrated water meter was used. In a calibrated water meter, it is assumed to suggest that reflect the values read off the actual consumption. In a non-calibrated water meter is not a presumption of correctness. Then, the landlord must demonstrate and prove that the readings are correct (Press Release No. 221/2010).
The actual presumption of correctness can be verified with the use of water meters, but also refuted. Only then has to explain to the tenants and prove that the consumption rendered incorrectly was. If he can not, in favor of the landlord takes the burden of proof - presumption of correctness of the reading - a. to build
(copyright ago)
The actual presumption of correctness can be verified with the use of water meters, but also refuted. Only then has to explain to the tenants and prove that the consumption rendered incorrectly was. If he can not, in favor of the landlord takes the burden of proof - presumption of correctness of the reading - a. to build
(copyright ago)
0 comments:
Post a Comment