As of: February 1, 2024, 3:02 p.m
By: Matthias Schneider
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This year too, many households will be faced with four-digit additional payments for heating costs.
However, in some cases there might be a way out.
Munich – The first operating cost bills for 2023 will reach tenants in these weeks.
This includes: the annual financial statements for heating costs.
And some of it has it all.
Only recently, residents of a Munich residential area reported that they sometimes had to pay several thousand euros in additional payments - per household.
This could soon affect many households.
Market prices have fallen significantly since the crisis, but if the advance payments have not been adjusted, some of the expensive consumption will only be billed this year, explains André Juffern, head of the energy department at the NRW consumer advice center: “This year too, tenants may be able to make significant additional payments House flutter.”
This year too, many households will be faced with four-digit additional payments for heating costs.
(Symbolic image) © Ute Grabowsky/photothek.de/Imago
Additional costs: Anger because of the landlord's poor tariff
But tenants don't have to accept everything: "Basically, the landlord is subject to the obligation to be cost-effective for all operating costs, i.e. the pass-through items," says Juffern.
This means: The landlord is not allowed to conclude contracts at excessive costs.
This has not yet been regulated much more precisely: “In such disputes, a comparative agreement is more likely to be reached than a judgment, so exact limits are difficult to estimate,” says Juffern.
These operating costs are allowed
Landlords are allowed to pass on not only the heating costs, but around twelve other items to the residents of a house.
This includes water and wastewater, street cleaning and winter service, the elevator, i.e. electricity, maintenance, operation, garbage collection - but not the construction waste container for modernization measures.
Building cleaning may be billed for common parts of the building such as hallways, basements and stairs.
The landlord can also bill insurance for the house, for example for fire protection insurance.
Chimney sweeps and house lighting can also be moved.
A common sticking point is the caretaker: If he takes over cleaning or repairs, these cannot be billed separately.
The same applies to garden maintenance and other costs.
However, it could be deduced from other processes that “a deviation of the tariff costs of ten to 20 percent from the average market price when the contract is concluded is generally not sufficient.”
Conversely, this means: “If the contract is more than 20 percent more expensive, tenants probably have a right to a refund.” The refund is calculated from “the difference between the sum to be accepted – i.e. market price plus 20 percent – and the tariff actually concluded.” .
It is important that the landlord is also to blame: “There were simply no cheap tariffs in 2022, and a term of two years is not unusual.”
Heating tariff: Tenant may view receipts
Tenants therefore have to find out when the heating tariff for their home was taken out and compare the conditions with the market level at the time.
The first step is easy: “Tenants have the right to view the receipts for heating tariffs.” The difficulties begin after that: Because no such procedure has actually been decided yet, it is not possible to say with certainty in court what counts as the market price.
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If the heating energy is really too expensive, the next steps should be carefully considered, advises Juffern: “Especially with private landlords, it's worth asking politely first.” If you can't agree, “you should contact the consumer advice centers or the tenants' association get advice,” says Juffern.
Unilateral cuts are not recommended
“If tenants are sure that they have paid too much, they can demand the difference in writing from the landlord.” This should not be done too quickly: “I do not recommend unilaterally making reductions or offsetting before getting individual advice.
In the worst case, you risk termination if your claims are unjustified,” warns the consumer advocate.