Question juridique clé
Whether the tenants were entitled to a rent reduction under Art. 270a CO due to the drop in the reference mortgage rate.
Solution extraite
Yes. The relevant comparison point was the last rent fixation based on mortgage-rate changes, and no later fixation occurred. A 0.5% rate drop justified a 5.66% rent reduction.
Motifs extraits
Under the relative method and Art. 13(4) OBLF, the court reviews the last rent fixation tied to mortgage-rate changes. A long period without requesting a reduction does not forfeit the claim, absent an intervening fixation on other bases. No compensating increase could be set off because the rent increase claim had been definitively rejected.