Energy & Heating: Tenant Rights in Portugal
Who is responsible?
The basic rules on tenancy and landlord obligations are in the NRAU — Law no. 6/2006[1]. In broad terms, the landlord is responsible for habitability conditions, including heating and hot water systems. For unresolved problems, there are administrative and judicial procedures, including the Tenant and Landlord Desk (BAS/BNA) and forms on Citius[2].
When is it the landlord's responsibility?
- Ensure heating and hot water installation and equipment (heating) are safe and functional.
- Repair faults that affect habitability, such as lack of hot water or system breakdowns (repair).
- Cover structural repair costs not caused by the tenant (rent, deposit).
What should the tenant do?
- Contact the landlord in writing and by phone, recording dates and names (contact).
- Submit a formal written request or email with a clear description and a requested deadline (submit).
- Keep evidence: photos, meter readings, receipts and a copy of the request (document).
- Set a reasonable deadline for the repair, for example 8–15 days depending on severity (deadline).
If the landlord does not comply, you can bring a complaint to the BAS/BNA or take court action. Before that, check sample requests and forms on Citius and, if possible, seek mediation.
If the landlord does not respond
Send a final formal request in writing and keep proof of delivery. If there is no reply, submit the complaint or intervention request via BAS/BNA and attach all documentation collected. In urgent cases of no heating or hot water, request provisional measures in court if health or habitability is at risk.
Frequently Asked Questions
- Who pays the heating bill if there is a failure?
- Usually the landlord, when the failure results from a defect in the system or installation; the tenant is responsible for normal consumption and damage caused by misuse.
- Can I deduct rent if there is no hot water?
- You should not unilaterally deduct rent without agreement or court decision. You can request a proportional reduction or a judicial retention through legal channels.
- How long does the landlord have to repair?
- The landlord must meet a reasonable deadline: for faults that affect habitability the deadline is short (days to weeks), depending on severity and risk to the dwelling.
How-To
- Contact the landlord in writing (contact) and by phone, recording all attempts.
- Document the issue with photos, meter readings and receipts (document).
- Submit a formal request and, if necessary, a BAS/BNA form (submit) via Citius.
- If no solution is found, consider mediation or court action (court) as a last resort.
- Keep evidence of the resolution and confirm any agreement with the landlord in writing (approved).
Key Takeaways
- The landlord is generally responsible for heating and hot water systems.
- Detailed documentation increases the chances of a favorable outcome.
- Use official BAS/BNA forms before pursuing court action.
