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(22)| (63)The heating bill often raises questions for tenants. Anyone who knows what may be included in the bill and what costs the landlord may charge can take action against incorrect items.
The heating bill is part of the utility bill and a common point of contention between tenants and landlords. Especially when tenants have to make high back payments. In general, tenants should know what the landlord can charge and what exactly can be included on the heating bill. The heating cost ordinance sets the framework for this.
Heating Costs Ordinance (HeizkostenV): the most important things at a glance
Checking the heating cost bill - in 7 steps
If a tenant receives his heating cost bill, he should check it as soon as possible and file an objection immediately if there are any errors. "If the tenant finds errors in the bill, he can object to the utility bill," says Katrin Hartwig, managing director of the tenants' association Regio Freiburg. It doesn't matter whether the error is formal or substantive.
7 test steps
Step 1: Comparison with previous years
If you want to check your heating bill, you should first compare it with the bills from previous years. Large deviations can be the first indication of an error in the accounting.
External circumstances should be considered here. For example, if the family has grown or a modernization has been carried out, there may be explainable changes in heating costs.
If there was a vacancy in the house during the billing period, tenants should also compare the total living space of the building with the previous year when billing. This information must not change. The landlord must bear the proportional costs for empty apartments and may not pass them on to the remaining tenants.
In order to check the correctness of the bill, it can also be useful to take a look at the operating costs index of the tenants' association, which records the average heating and hot water costs in Germany. However, the costs may vary depending on the city. "If the respective heating costs are far above the average costs, the tenant should ask the landlord," explains lawyer Anja Franz from the Munich Tenants' Association.
Practical tipTenants can ask the new landlord if they can see the last bill in advance to be able to assess whether the prepayments have been overstated or understated. However, there is no legal entitlement to this.
Step 2: Check the billing period
The billing period must always be exactly one year and directly follow the previous billing period. Shortening or lengthening is not possible, such an agreement in the rental agreement would be ineffective.
Tenants who move in or out during these twelve months should make sure that billing is only done within the period in which the tenancy existed. It is therefore advisable to note or photograph the meter readings when moving in and out so that you can later compare them on the heating bill. As a rule, this is recorded in an apartment handover protocol anyway.
Step 3: Check the billing period
The heating cost bill must reach the tenant within twelve months of the end of the billing period. If the deadline expires, the landlord can no longer demand additional payments. However, credits are not lost.
Step 4: Check advance payments
In order to avoid a huge bill waiting for the tenant at the end of the billing period, an advance payment is usually agreed in the rental agreement. If this is the case, tenants should check the statement to ensure that the prepayment has been correctly charged.
Step 5: Check the composition of the heating costs
In addition to fuel consumption, the operation of a heating system causes other costs such as electricity costs, for example for the circulation pump or costs for the maintenance of the heating system. At least 50 percent and a maximum of 70 percent of all costs must be billed according to individual consumption.
If the hot water is heated centrally and not via boilers in the individual apartments, this must be billed separately. Also divided according to consumption and apartment size.
If the landlord has not billed based on consumption, although he should, the tenant can reduce the costs incurred by him by 15 percent in accordance with the Heating Costs Ordinance. In addition, he can request consumption-based billing from the landlord for future billing periods.
Step 6: Check cost types
The heating bill must list each cost type individually. "For each type of cost, the statement must state the total amount and show the tenant's individual consumption," adds Katrin Hartwig. "For this purpose, the tenant must be able to see from the bill which distribution key is used to allocate the individual cost items to him."
Costs include:
On the other hand, the landlord may not invoice:
Step 7: Check formal information
Even a formal error is enough for a tenant to reject the heating bill. The billing must meet the following points:
Step 8: Check monthly notifications and remote readability
The amendment to the Heating Costs Ordinance, which came into force at the end of 2021, imposed additional obligations on the building owner - i.e. the landlord. By the end of 2026, he is obliged to ensure that all measuring devices can be read remotely. Devices that are equipped with walk-by or drive-by technology are considered remotely readable. Thanks to this technology, it is sufficient if the meter reader comes close to the house to read the consumption data. A visit to the apartment is therefore no longer necessary. There are only exceptions for retrofitting or replacing the measuring devices if the lessor is unable to change the device due to special circumstances or if the effort involved would be unreasonably high.
Also new from 2022 is the obligation for landlords whose properties already have remotely readable meters installed to provide tenants with monthly billing and consumption information. The notification must also contain new additional information for the tenant, for example on the fuel mix or taxes levied.
The notice must be made available to the renter in a way that does not require him to search for it. This can be done, for example, via a letter, but also electronically via an e-mail or a web portal. In the case of web portals, however, the tenant must always be informed that a new notification is available - otherwise it would only be considered as making available.
Caution: If the landlord violates one of these new obligations, the tenant can reduce the share of costs attributable to them by three percent. The regulation of the 15 percent reduction, because heat and hot water were not billed according to consumption, remains unaffected.
Read the heating bill correctly: This is how it works
In order to be able to check the heating bill, it must be read correctly. In most cases, this will be part of the utility bill. Under certain circumstances, however, billing is also done directly by the provider. In this sample statement, we explain what the individual sections on the statement mean.
Download now for free
Errors in the heating bill: Tenants have these rights
If a tenant discovers an error in the bill, he can appeal. He has one year from receipt of the statement to do so. Once the deadline has expired, no objection is normally possible.
The landlord can then correct the possible error or errors within the twelve-month billing period. If he lets the deadline pass, any subsequent payment for the tenant is no longer valid. However, if the tenant has paid too much in advance, the credit does not expire within this period.
Practical tipThe tenant should be able to present evidence of his timely objection. Among other things, the tenant can throw his objection directly into the letter box of the landlord and have this witnessed by a second person or have the objection served directly by the bailiff.
The renter should, if he discovers an error, inform the landlord and ask him to correct it. In the case of serious errors, he even has a legal right to do so. The tenant may then withhold any additional payments. It has not been clearly clarified when an error becomes serious and would have to be determined in court in a case-by-case decision.
Tenant has the right to view receipts
Especially in the case of errors in content, such as the tenant's consumption or a specific cost center, it is difficult to recognize them at first glance. However, if the tenant has any suspicions, he can inspect the receipts from the landlord or administrator.
The renter may also request copies of the receipts. For example, if the tenant cannot be expected to inspect the documents on the landlord's premises. According to a decision by the Leipzig District Court of March 17, 2015 (Az. 12 S 7349/04), for example, because the tenant is disabled or because the distance between the apartment and the administration is too great.
Attention! If the landlord refuses the tenant access to the billing documents or if the tenant is ill for a long period of time, it may be possible, according to Section 556 BGB, to file an objection even after the deadline has expired.
Help from the tenants' association or a lawyer
Tenants should definitely contact the landlord if they find a content or formal error and try to find an amicable solution. You can find support for this, for example, at the local tenants' association. In some cases, it may also make sense to consult a lawyer.
If the tenant, on the other hand, wants to be on the safe side because he does not want to violate any contractual obligations, he does not have to give in immediately and can make the additional payment in full, but with reservations. The tenant then has the option of reclaiming the amount paid or offsetting it against current advance payments if it turns out that the statement was incorrect.
Link-TippHeating costs are just part of a whole range of ancillary costs that the landlord can pass on to the tenant. Find out here which ancillary costs are apportionable.
Caroline Schiko29.11.2021Your opinion counts
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M. Scheppler on 09.02.2022 14:02
I am a tenant and have the following question: Can the monthly written delivery (i.e. by post) of the meter reading data be imposed on the tenants?
If so, can the tenant collect the data directly from the HV? In order not to have to pay the fee. The background is that the tenant has no internet.
reply to commentGerhard on 06.02.2022 18:18
If I have an average temperature of
If I want to have 21-24 degrees C (I am 81 years old) and the heating costs are therefore too high, I have to pay in full. I don't have a remotely readable thermometer in the rooms!
Greetings Old Gerd
reply to commentBea on 14.01.2022 22:28
I cover the heating bills for my neighbors
Good evening everyone,
When I had a problem with the faucet in the kitchen last year, my landlord came to check. We started talking about heating costs. I have been living in this apartment (consisting of two apartments) for almost 6 years now and have always found that I have to make a really hefty back payment every year.
He told me that because I live on the first floor, I benefited from the heated apartment above and the shop below. I was really curious to what extent, so when our 2020 utility bill finally came in November 2021, I asked my neighbors above me if I could see their bills. We get along very well, celebrate New Year's Eve together and invite each other regularly. After our conversation, I had already told them about the strange declaration made by our landlord that I would cover part of their heating costs. They said it was utter rubbish, especially since the heat is rising, so they benefit more than the other way around. On top of that, I know they leave the heating on all the time and I get way too hot every time I visit in the winter. I, on the other hand, don't leave the heating on at night, I don't heat my bedroom until 2 hours before bed, and I only heat the bathroom just before I shower. I heat the dining room, which has also been my study for two years, and my son's room, but it's not under my neighbors' apartment. It's in the second apartment. Apparently my neighbors heat a lot more than I do.
I certainly don't profit from the store below me as they sell groceries and have to keep the store nice and cool. You're 80% below me.
By the way, the neighbors above me are only 50% above me and their apartment is on three floors.
When looking for an apartment, I sorted out all the attic apartments, knowing full well that it is too hot in summer and much too cold in winter, just like her apartment.
When comparing the bills, apart from my landlady counting two units for me and my son and only one for my neighbors because she lived there alone for a very long time and he only moved in in 2018, I noticed that ours Bills are split 50/50. So the first 50% refers to the square meters: you have 135 square meters, I have 118. So far so good, I pay less. But for the other 50%, I pay 80% and they pay 20%. In total, from 1774 EUR for 2020 I paid 1170 and they paid 600 EUR!
They made an agreement with me that I should speak to my landlord. The same guy who told me 3 years ago I have to get ISTA to read the meters correctly because I don't want to pay for anyone else!! Seriously?
I'm not sure how ISTA can warn against such a one-way distribution and I'm not sure how I can ask my landlord who said he knows exactly when who uses the heating - no idea how!
Besides, I don't want to cause any trouble. His wife hates me because I have cats that I'm not supposed to have, but he doesn't.
Any suggestions on how I should deal with this? It is around EUR 200 per year from 2017 (2016 I did not bear any heating costs in the first half of the year because I moved in April 2016)
Thank you in advance!
Bea
reply to commenteono on 10.01.2022 13:14
"The tenant also has 12 months to check the heating costs."
May he ask for it back - because paid too quickly (unchecked/automatically -
Foreign/can't read/understand contracts.
e.g. for the year 2018/2019?
(The landlord sent the statement several months too late
260.- Euro additional payment for a heater that stayed cold. Room temperature 17-19 degrees
(probably because of the pipes running below - and because of the sun/west side.
rarely 20 even more rarely only if and as long as neighbors were away 21 degrees.
Attic. No water in the radiators.
A year later the pump broke.
The landlord could argue: He didn't know.
What is annoying: the additional payment of 260 euros for a 1-room apartment - 18.2 square meters per room.
Bathroom-kitchen (also known as rooms) are not/rarely on anyway.
If no acceptable heat could be delivered - the advance payment of 40 euros would have to be paid
So almost 500 euros are actually enough.
reply to commenteono on 12/31/2021 21:53
@Joachim Witusch
Just to be clear. Heating costs for the period: 01.07.2019 - 30.06. 2020
Plus 12 months in which the landlord can check his items and create the invoices 30.6.21
The invoices from December 14th, 2021 reached the tenants at the earliest on December 15th/16th.
This is just before Christmas - payable by 29.12. 2021 - That's almost 14 days between public holidays.
What kind is that?
And then - the long time...
Probably on purpose. So that you no longer remember what the temperatures were back then.
Why does the tenant have to pay 10.--300 euros more for 019/020 than in previous years. Heating costs surcharge 550.- + operating costs 260.-E for a 40 sqm apartment with only one heated room.
And just like that over Christmas and between the years.
reply to commenteono on 12/31/2021 21:27
@Joachim Witusch
I was afraid of something like this. Thanks very much. (A Rae not until next week.)
What. isn't that quite right with the deadlines?
If the landlord does not send the invoice until 12-18/19 months later after the billing period
must - how long does the tenant then have to react?
Here is a letter dated December 14, 2021 - it is unclear when the tenants received it -
to be paid by December 29th, 2021 - they probably didn't do that - because of the amount of the Hz additional payment and because of my rejection/uncertainty about this page.
e.g. The tenant has (also) 12 months (to have it checked) and to pay?
(My BGB is out of date and the libraries are closed.)
reply to commentTanja on 29.12.2021 14:49
Hello,
We received our statement today with a credit. However, the landlord wants to increase the heating costs from €155 to €512. We live on 89m2 and heat with gas. Is that legal?
reply to commenteono on 29.12.2021 18:49
What is "credit" prepayment? I've stumbled across this for years.
But: In a 1-room flat approx +/- 40 sqm, only one room is heated 18.2 sqm.
There is no radiator in the corridor, no heating in the bathroom, kitchen rarely.
Advance payment 40 euros, i.e. approx. 480 E - "additional payment" on 14.12.2021
for the period: 07/01/2019 - 06/30/2020 in the amount of 517.66 euros
Great astonishment. - Especially since, according to Immonet, the bill will be due within a year, i.e. by June 2021
must be created. Also was not "read" 2019/2020
It is not known what exactly is used for heating. But according to google sites the fuels are different
not too much. - It probably depends more on the installations, the age of the houses, the maintenance.
Tanja on 29.12.2021 18:55
As a credit, I mean that we have to pay for our monthly advance payment. 155 € less was used. So we didn't have to pay anything. Nevertheless, the increase in heating costs seems illegal to me, since this is more than 200 percent. Even though gas prices have gone up and there are 4 other units in the house.
eono on 29.12.2021 19:25
Hello Tanya
Thank you. - So you have earned a credit in which you have come with 155 monthly euros -
No additional payment! - Yes, then the landlord should not even raise 1 euro - let alone by
357 euros to 512 euros/month. - What did he do? modernized? solar+wind energy?
And have the subsidies gone?
Tanja on 29.12.2021 19:57
Nothing was renewed at all. This was only justified with the rising gas prices and a change of provider. We're going to disagree first and see what happens. When I asked another tenant with a smaller apartment in the house, the same thing came out. A threefold increase.
eono on 29.12.2021 13:59
"Step 3!" see above text
"The heating bill must be submitted within 12 months of the billing period ...."
Heating cost accounting for the period 07/01/019 to 06/30/020 = identical to "billing period"?
Or: Is the invoice creation/billing date 11/23/2021 identical to "Billing period"
In the heating period 018-019, i.e. until October 019, there was no heating at all - 16-17-18 degrees, rarely 20
this is not an operating temperature for many people...it got a little warmer Oct 019-020. 2021 is possible.
The corresponding invoice came from ISTA in December 2021 -
with a "settlement date" of November 23, 2021 - the letter was probably written then
to the landlord - who then sent it to his tenants Date: 12/3/2021.
When I "Step 3 Check billing period"
understood correctly, the tenant does not have to pay this heating bill.
Unclear the "operating costs" period 1/1/20 to 12/31/2020 from 12/3/2021
that seems to be on time. Rather early.
(How to create an invoice in Nov for the end of Dec?)
reply to commentJoachim Witusch on 12/31/2021 12:50 p.m
This has not been the case for a long time. For certain reasons, the billing can also come later. So also 2-? months.By law.
Evi on 02.12.2021 16:25
Yesterday (December 1st, 2021) we received the heating bill from October 1st, 2019 - September 30th, 2020.
The reading was taken again from October 1st, 2020 to December 31st, 2020.
The complete ancillary cost statement from 1/1/20 to 12/31/21 then includes the heating costs from 10/1/19 to 9/30/20 and the second statement from 10/1/20 to 12/31/20.
Now my question is, was the deadline for the first statement from October 1, 2019 to September 30, 2020 actually met? We didn't get this statement until December 1st, 2021?
May the landlord take another reading after 3 months? 10/1/20 bus 12/31/20. Even though we continue to live in the apartment? In the end, we pay Brunata twice the consumption costs. I thought the meter reading period must always be one year?
Thank you!
Best regards
reply to commentimmowelt editorial staff on 06.12.2021 08:33
Hello Evi,
The billing for the billing period from October 1st, 2019 to September 30th, 2020 came too late, as it should have been there by September 30th, 2021 at the latest. In this case, an additional claim would no longer be permissible, if too much was paid in advance, your credit will not expire. The billing period must not be changed either, but must always follow the previous one. So either, your period is October to September or January to December - either way, the billing seems to be wrong.
Please understand that we cannot and may not provide legal advice. We therefore advise you to have the billing checked by a specialist lawyer or a tenant protection association with legal certainty.
Best regards
the immowelt editorial team
juergen6687@gmail.com on 02.12.2021 09:59
Hello, in 2020 I had received a statement from the Bochum public utility company with the annual statement where I got 16 euros back. I heat with gas. In this year 2021 I received a final statement even though I wasn't even there for 5 weeks and I'm supposed to pay 1070 euros for heating costs. That can't be. Do I have to pay it now or first appeal and only pay after checking and how long do I have to appeal, thank you very much
reply to commentredaktion.immowelt.de on 02.12.2021 10:39
Hello Jürgen,
On the spot, check the gas prices shown on the bill and the declared consumption. Is the price significantly higher? Or did they still consume significantly more? If you continue to complain about the bill, you can inform the landlord. The objection must be sent in writing to the lessor with a clear explanation as to why the invoice is incorrect. Assumptions "that you haven't been at home for 5 weeks and that's why it can't be that high" are unfortunately not enough. So check the meter readings and ask your neighbors if they have similar problems. You can get help from the landlord association.
Best regards
immowelt editors
juergen6687@gmail.comon 02.12.2021 11:13
Thank you for the answer, but I don't have a contract with the landlord for gas, but with the Bochum municipal utility that's the annual statement.
Do I have to pay the sum or can I keep it until it is clarified
immowelt editors on 02.12.2021 13:35
Hello, of course we don't mean the landlord but the public utility company. We cannot tell you which approach is best. In your position, many would probably call the service center first. The number is 0234 960 3232. On the Stadtwerke website you will also find the option of contacting us by e-mail.
Best regards
immowelt editors
Stanley0705 on 10/26/2021 5:07pm
We all have stove heating and a hot water boiler in our apartment building, our landlord insists that the tenants should also pay him these monthly heating costs, which they receive from the office. He combines these heating costs with the ancillary costs, although we pay a uniform basic rent of €245 and an advance payment for operating costs of €55, a total of €300, then the tenants should also assign their heating cost advance payment to the landlord. Is that legal?
Reply to commentHello Stanley0705,
Please understand that we cannot and may not make any legally valid assessments. We advise you to contact a specialist lawyer or tenant protection association.
Best regards
immowelt editors
Ayse on 08/22/2021 09:28
I got a statement that I spent 800 euros more this year, and two children moved out last year, how should it be more spent with fewer people
reply to commentD17 on 07/14/2021 11:10 am
We have been heating according to the same pattern for almost 8 years now (heating in the kitchen and bathroom on 2/3 when the room temperature is below 18 degrees and turned off when we ventilate) and from last year to this year the bill says we have double so much consumed. It is a three-party house. Can this be? Or is it possible that the overall usage of the house is considered and then allocated to all parties according to square meters? The measuring parts on the heaters are supposed to be wireless and since we've lived there nobody has ever been there to read the parts.
Reply to commentHello D17,
Please understand that we cannot give any specific assessments. However, we would like to point out that you have the right to inspect the billing receipts from the landlord in order to check whether the billing is incorrect.
Best regards
the immowelt editorial team
Dagmara on 07/06/2021 20:29
Hello
Is it possible that in 2019 the whole house will have consumption 500,000 units and cost €28,000 and in 2020 consumption 240,000 units and cost €41,000. We (me and neighbors) have large additional payments (500-1000€) even though we used less.
Building cooperative thinks everything is fine.
L.G. dagmara
Reply to commentHello Dagmara,
You can pay the back payment in full conditionally and request all receipts from your landlord. In that case, we recommend that you contact your local tenants' association and present your case. In some cases, it may also make sense to consult a specialist lawyer.
Best regards
the immowelt editorial team
Jorge Luis on 05/16/2021 07:31
Hello, the Ista has its own service providers who announce appointments 8 days in advance and on the door of the block of flats and in the mailbox with the day (i.e. date and time) when they will come by.
In my case, the service provider or sub-contractor does not do this just one day before the appointment.
Can he do that.....???
I called Ista's sub-company more often, where the postcard with the appointment and time stayed so that I could document which activity it was.
reply to commentMJPeters on 24.03.2021 10:05
Is my landlord obliged to carry out consumption-based billing or to specify an apportionment scale even if I am the only tenant (here: tenant of a single-family house)? Is this information really relevant and can I doubt the billing, even if it is clear that the costs incurred this year are to be passed on to me alone anyway.
Reply to commentHello,
A billing of the single-family house using the apportionment scale makes little sense, but it is not harmful either. The result stays the same.
Best regards
immowelt editors
MJPeters on 03/25/2021 11:22
Thanks for the reply.
However, the question was not whether a levy scale is harmful, but whether it can be made mandatory and, if it is not submitted, a reduction can only be made for formal reasons.
Even if it is undisputed that the heating costs were only caused by one party.
Stanislaus Voloshin on 04.11.2020 13:27
Have a nice day,
I haven't heard from you for a long time, the debt is growing and nobody wants to help me or doesn't know how to help. I'm very overwhelmed with this situation because the second reckoning has come. I don't have money to pay for scammers like Kommwohnen.
I think one should take it to court and let the experts be interested in why so much heating is being used.
There is nothing to play with people who want to live off others.
I have a family to support, a wife and two children who are of school age and need more. From Kommwohnen billing 2018 €2,374 2019 €2,709.69
I've been living in Germany since 1980 and most recently in 2017 the additional payment was around €64
Take care of that, please.
Best regards
Reply to commentHello Mr Voloshin,
Unfortunately,immowelt cannot provide you with legal assistance. We are a real estate portal. If you have the feeling that you have been scammed, contact the tenants' association or a specialist lawyer, for example.
Best regards
Immo01welt, on 15.08.2020 22:01
Hello,
I also received a 'stunning' NK statement with a corresponding additional payment. The reason for this is that our landlord didn't check the oil tanks, the tank ran empty in January at minus 10 degrees and of course he had to order a transporter at crazy prices. This has happened for the 2nd time in a row. The question for me is therefore whether the landlord does not have to answer for additional costs due to his fault. Every mere mortal owner buys when it is cheap and not in winter, including a surcharge for spontaneous delivery. Is there any way I can claim this? Thanks!!!
reply to commentSe on 28.07.2020 11:56
Hello, how can you help me. I already asked my landlady last year about the hottest and asked for bills. In 2015 it cost -940 euros, 2016 -975 euros and in 2017 -1340 euros. After three days she calls me and says it's okay. I paid the bill, but never in all these years have I received bills from her, only what she wrote down in the additional costs and there is only hot costs and the costs from me. Every time I ask about Mesa Pros billing, they get headaches and overwhelmed. Considering all the other tenants get their money back and only I have to pay around 800 euros every year, I have my doubts. Where can I get the original invoices as a tenant?
reply to commentwasdey on 01.07.2020 16:43
My husband and I live in a rented apartment. Once a year, the landlord has the heaters read by a manager appointed by him, which we then have to sign that the manager was also there and did the reading, but if we then want to have a throughput, this is denied with the argument that we have no right to do so in the On the contrary, we are still insulted by the administrator. My question do we have a claim on the carbon copy or a copy dated reading day .
reply to commentDirk on 29.06.2020 13:59
Hello, I received my heating bill and of course I have to pay later.
Although I have already asked myself, and also the owner, how one can come up with a consumption value without having read the heaters in the apartment once.
Especially since the year before I received a refund of €73 from a 2-person household.
Today I live in the same apartment, only alone, and I have to pay 480€ afterwards
To this day I have not received an answer as to how the value was arrived at.
Perhaps you can please advise me on the best way to proceed.
Greetings Dirk
reply to commentJeanychan on 06/27/2020 05:58
Hello,
I received my bill and noticed that the billing factor tripled when I switched HKVs. In the kitchen it was 0.7 and has increased to 2.15. I know wireless splitters are expensive. But is a 300% increase even legal?
Greetings Janine
reply to commentMelody on 20.06.2020 00:20
Hello
I pay my heating bill directly to the provider. In 2018 the digital measuring devices were installed. With the settlement of 18/19, there was an additional payment, as usual, a credit. Apparently I increased my consumption from 22VE to 2000VE, but I didn't change my heating behavior. In addition, consumption was measured for 5 devices, although only 4 radiators were used.
I have lodged a complaint. But the values are said to be correct. Then the accounts must have been wrong for the last few years. Can errors occur with the digital reading? That, for example, the apartments are swapped? My neighbors next door have more rooms and live there with 4 people. Maybe it's her reckoning.
Reply to commentgerri on 05/14/2020 05:38
Hello,
Is my landlord obliged to pay me back my heating costs that I have not used after moving out?
size
Reply to commentHello Gerry,
Heating costs must be billed primarily based on consumption. We assume that you have made monthly operating costs in advance. The landlord is obliged to settle the operating costs annually, no later than one year after the end of the billing period. This means that any credit balances do not have to be repaid immediately, but at the latest one year after the end of the billing period (§ 556 BGB). The end of the billing period is not the day you move out. For example, if the billing period is always from 01.01. until 31.12. of a year and a tenant, for example, on 30.04. moves out, the settlement must be made by the end of the following year at the latest, of course only pro rata for the period up to April 30th.
Best regards
the immowelt editorial team
Casmix on 02/04/2020 18:36
Hello,
I have now received an additional payment of €1100 from my landlord. But I can't imagine this at all, since I only have a one-room apartment with 55m ². How is it possible that it is such a high amount? I can not imagine that at all .
Reply to commentImmowelt editors on 05.02.2020 08:46
Hello Casmix,
such a high additional payment for a small apartment seems very high to us. We would like to point out that you are entitled to inspect the billing receipts from the landlord in order to check whether the billing is incorrect.
Best regards
the Immowelt editorial team
lulu on 01/28/2020 20:07
Continued to comment from 7:47 p.m....
I wrote a complaint about the NK bill to get an explanation! But the landlord is of the opinion that everything has been calculated correctly. (Unfortunately, when I moved in, I didn't check the individual meter readings, e.g.: hot/cold water, heating and only now realize that the bill only contains the numbers under "Reading values of previous users". The end result are numbers that I can't understand ...)
Reply to commentImmowelt editors on 29.01.2020 11:52
Hello lulu,
Such a high additional payment for a month for a small apartment also seems unusual to us. The way you describe it, it could actually be considered that the bill still contains consumption from before you moved in. In this regard, you have the right to inspect the billing documents to verify this; In particular, it would be interesting to know when exactly the reading was taken. Because if the apartment was vacant for a while and was still heated, these ancillary costs are at the expense of the landlord if the apartment is vacant. Finally, we cannot judge the facts from afar, in the event of a dispute you should seek legal help on site.
Best regards
the Immowelt editorial team
lulu on 01/28/2020 19:47
I moved into the apartment on December 1st, 2018 and according to the annual bill for additional costs I had to pay approx. 300 € for this first month. According to the neighbors, the apartment was empty for several months and the previous tenant had secretly moved out "in the middle of nowhere"! Is it possible that the landlord charged me for the costs NOT paid or incurred by the previous tenant? And how do I find out? Because the total consumption normally corresponds to a large family house and never to a consumption in a small apartment. I did not see an annual ancillary cost statement from the previous tenant.
Reply to commentImmowelt editors on 29.01.2020 11:53
See the answer below your new comment.
sylvia on 18.10.2019 18:18
Hello everyone
i have a problem, my heating was read by radio, we also have a pump in the house in the basement. the values were around 7000 the list of individual rooms was sent to me the company says nothing can be wrong although the new bill was 1500 an expert was there but he also said that couldn't be the case then I would have 70 degrees in the apartment in some cases . the neighbors also have normal values, only my values were extremely high. this year we had a gym next door which belonged to the landlady. now my question, can reading errors by radio only have occurred in my apartment?
reply to commentImmowelt-Redaktion on 21.10.2019 09:04
Hello Sylvia,
if there are indications that the reading is incorrect and an expert confirms this, it could result in the matter having to be clarified in court. Unfortunately, we cannot assess the technical aspects of the reading from a distance.
Best regards
the Immowelt editorial team
Didi on 02.09.2019 11:52
Hello, how can the tenant measure and document the current consumption (heating)? Can you basically read this from the wireless measurements? And does it make sense to photograph the value from time to time?
reply to commentBo on 28.08.2019 22:22
Hello, I have lived in my apartment since October 1st, 2017. Since then, the radiators have been read once (about four weeks ago). Now I have received a heating bill for the first time for the period October 1st, 2017 - May 31st, 2018. Shouldn't this statement have reached me by May 31, 2019 at the latest? Six radiators are also listed, although I only have five radiators in the apartment. How should I proceed?
LG Born
reply to commentImmowelt-Redaktion on 29.08.2019 12:32
Hello Bo,
The landlord is obliged to settle the operating costs with his tenants no later than one year after the end of the billing period. If he does not do this, he cannot make any additional claims later. If the billing period is 06/01/XX to 05/31/XX+1, billing must be done by 05/31/XX+2 at the latest.
Best regards
the Immowelt editorial team
July on 09.07.2019 13:34
Hello,
I suspect there is an error in the billing of my heating costs. Not only are the costs about twice as high as the billing a year ago, but there are also consumption values in devices that we don't use at all:
Unit FH039 is in the kitchen and never used -> consumption of 10.
Device JF409 stands as "kitchen", it's actually in the living room (!), and is used very, very seldom -> consumption of 10.
The JF240 device is never used because it is almost completely hidden even in our bedroom. -> consumption of 16.
The other two devices are the ones that we use regularly, but when I look at the numbers from the others, I don't believe the consumption values of the two either.
All devices are measured using this tube/evaporation principle. I called the company and they said that if the summer gets too hot, the liquid can also evaporate even if the device is closed, and in the end they can't know if it's used up or not (?! ). Understand that, but how do you install a system that doesn't measure properly?
Is that simply accepted everywhere in Germany?
Luckily I traded it with my landlady and she will compare the 2 most recent bills so we can come to an agreement. But I find it completely unfair for them and for me, because the heating company will get more money than what was used.
Greetings,
Juliet
reply to commentDidi on 02.09.2019 11:50
As a tenant, how can you check what your heating costs are? Somehow it must be possible for tenants to check / photograph it?
Immowelt editorial team on 09/03/2019 09:53
Hello Didi,
In principle, heating costs (mainly) must be billed according to consumption. With regard to the measuring devices, however, there are various technical possibilities, so that your question as to how/whether this can be easily checked by the tenant cannot be answered so generally. In any case, the common (but technically outdated) evaporation tubes are not particularly accurate. Absolutely exact consumption cannot be read here.
Best regards
the Immowelt editorial team
Mavy on 06/28/2019 23:09
Hello, immowelt, this is about my heating and hot water bill. It is an older two-family house in which the landlord also lives. Billing key: heating = pro rata according to living space, water heating = according to consumption. A hot water meter is available. Are the two calculated values (gas) added and billed as such? Thank you for your information.
reply to commentImmowelt-Redaktion on 01.07.2019 09:23
Hello and thank you for your comment,
In two-family houses that are occupied by the landlord himself, it is possible to make agreements that deviate from the heating cost ordinance. Therefore, what was agreed in the rental agreement applies.
Best regards
the Immowelt editorial team
peter on 09.05.2019 15:58
Hello,
I also have a small problem with my heating bill from my landlord and need help.
Facts:
I had a change of landlord during the last year. The first 3 prepayments went to the old landlord. Of course, a lot of oil was consumed here, since it was also the winter months 01.-03. concerned. There was no final invoice from the old landlord. The tank was therefore handed over half empty from landlord to landlord.
At the end of the period, the new landlord fills up the tank completely, around €2,500. He now calculates these costs proportionately according to consumption.
In my opinion, he should only give us the period since he has been the landlord from 01.04. – calculate 01.-04? And not the share of the previous landlord?
reply to commentImmowelt-Redaktion on 05/10/2019 09:01
Hello and thank you for your comment,
A change of ownership is basically irrelevant for the settlement of the operating costs. The old owner is also not obliged to draw up a final invoice. The billing is to be prepared every twelve months and must be received by the tenant no later than twelve months after the end of the billing period. How the old and the new owner in turn regulate each other is a matter of agreement.
Please understand, however, that we cannot finally check your utility bill remotely. If in doubt, we recommend that you have them checked by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
peter on 05/10/2019 10:39
Thank you in advance.
But is the landlord even allowed to distribute the costs based on a fuel bill?
e.g. Tenant moves into a new apartment.
The landlord has an empty tank and fills it up for 5,000 liters. €5,000
At the end of the period only about 1,000 liters were used. However, the landlord assumes the fuel bill is 5,000 liters, since this was paid in the period.
According to the count, he has an 80% share. Landlord provides 4,000 € heating costs - VZ. charged.
Immowelt editorial team on 05/10/2019 10:47
A landlord may only bill for what is actually used. So he cannot pass on the entire fuel bill to the tenant in one go, but only gradually - until the tank is just empty again. Nevertheless, we would like to point out once again that we are not permitted to provide legal advice. You can only obtain legally reliable information if you have the bill checked by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Bonny on 04/11/2019 13:47
I paid for all the oil, do I still have to pay for hot water
Reply to commentHello Bonny and thank you for your comment,
According to the Heating Costs Ordinance, at least 50 percent and a maximum of 70 percent of the costs for heating and hot water must be billed according to individual consumption. The rest can be divided according to living space. The only exception to this rule are two-family houses in which a residential unit is occupied by the landlord himself.
Best regards
the Immowelt editorial team
Martina on 04/01/2019 07:18
Hello,
I just got a shock, when I emptied my mailbox, the operating costs/gas bill were included and I couldn't believe it.
I have landlords who always take care of everything correctly and have for many years
Takes this into the hands of a tax consultant and it is correct there too.
The meters were replaced last year and this can be read outside the apartments in the future.
The result of this has now been executed for the first time and has a 600% "increase".
The increase in quotes because I've been using zero kWh for MANY years,
The last time, before my last animal died, I had normal consumption, since then I've only ever paid the (70%/30%) part of the 30%.
Thank God I'm not sensitive to cold, the landlords wanted to install a missing heater in my bathroom, which I gratefully declined, they should do it when I move out at some point and renovate it anyway.
Because my landlords also have to pay that, I paid with reservations
(also the risk of the 2 month termination)
reply to commentberndam 09.03.2019 11:28
The meter reading company charges EUR 40.00 for viewing the total bill, which it calls advice.
Is that allowed?
reply to commentImmowelt-Redaktion on 03/11/2019 09:58
Hello Bernd,
A tenant has the right to request his landlord to inspect the receipts that served as the basis for the heating bill. This results from § 259 BGB. If the landlord, for whatever reason, incurs costs for this inspection, he cannot pass these on to the tenant. However, please note that we cannot provide legal advice. In the event of a dispute, we recommend that you speak to a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Mbernat on 03/01/2019 22:45
Hello, I have a question, when I moved out of my old apartment, I received the bill for the years, but always before the deadline. My previous tenant never had to pay back and I suddenly 580 / year and 780 / YEAR. The statement showed that I allegedly have 47% of all heating costs in the house. 6 parties in the house. According to the tenants' association, the numbers are correct, but even they say that can't be the case. For example, my points were 16 and the others had 3.6 when it came up. now of course the landlord is making terror and wants to sue me. What can I do
reply to commentImmowelt-Redaktion on 04.03.2019 09:39
Hello and thank you for your comment,
First of all, you can see the receipts from your landlord that serve as the basis for the heating bill. Maybe that helps. However, if you still have doubts about the correctness of the billing, we can unfortunately only recommend that you seek legal advice from afar, preferably from a specialist lawyer specializing in tenancy law.
Best regards
the Immowelt editorial team
Asiyeon 01/17/2019 17:27
Hello, I have a question, I've been living in my apartment since 2015 and have never received an ancillary cost statement and yesterday the statement from 2017 came for the first time, I have to pay 700 euros back, my neighbor does the same, I'm hardly at home, just working.
We agree that something is wrong here at home, you can't read anything. The heating oil boiler is probably in the basement.
My question is how can I prove what I actually used?
reply to commentImmowelt-Redaktion on 18.01.2019 10:58
Hello Asiye,
Thank you for your comment. First of all, it should be mentioned that the landlord must send you the utility bill no later than one year after the end of the billing period. If your billing period is between January 1st and December 31st, 2017, you should have received the statement by December 31st, 2018. After that, the landlord can no longer make additional demands, unless he is not responsible for the delay himself.
Even with an effective and timely ancillary cost settlement, you as the tenant have the right to inspect the receipts that serve as the basis for the settlement. This should explain the amount in question.
In view of the situation, we would advise you to have the settlement checked by a tenants' association or a specialist lawyer.
Best regards
the Immowelt editorial team
Jürgen Müller on 04.01.2019 12:15
Dear editors, thank you for the information. But I have already considered/checked all of them.
The reasons lie solely in the fact that the measured values assume that I do not have 171.25 consumption units on a monthly average as in 2016, but 270.96.
The house is insulated, heated with oil, and there were no repairs. And - my consumer behavior has not changed. The measuring devices are from the company Ista Essen and are also read out by Ista.
Surely I should have written down that information right away.
Reply to commentImmowelt editors on 04.01.2019 13:26
If your consumption behavior has not changed and consumption has increased enormously, there may also be an error in the measurement. It depends, for example, on where the measuring device is attached. However, if an incorrect conversion factor is used, it can happen that the consumption units increase enormously. So check whether the same factors are given as in the previous year.
If it is a radio readout, an error may also have occurred there. Even if the measuring device has recently been influenced by new furniture or the like because heat builds up at the measuring point, incorrect consumption data can be the result.
Have you spoken to the neighbors? In a house, as a rule, all apartments have the same heaters. Have the neighbors had similar experiences?
We recommend that you seek advice from a tenants' association or an expert on heating bills.
Best regards
the Immowelt editorial team
Jürgen Müller on 03.01.2019 19:57
In 2016, I made a monthly advance payment for heating costs of €76 for 47 m². I got over 200€ back. For 2017, the 76 € remained, but now I am supposed to pay almost 500 € in arrears with the same behavior (heating on 2, shock and cross ventilation, no windows turned on, etc.) and from 2019 I will have to pay 113 € monthly for heating costs in advance. For me, this is a piece from madhouse. How can I best defend myself?
reply to commentImmowelt-Redaktion on 04.01.2019 10:06
Hello and thank you for your comment,
If your heating system uses heating oil, the additional payment may be due to the increased heating oil prices in 2017. There may also be a defect in the heating system, which could cause the costs to rise unnoticed. Whether and to what extent the billing is correct, we cannot judge from afar. If you received the statement from your landlord, you can ask him to inspect the receipts. Maybe something accidentally went wrong. You can also have the bill checked by a specialist lawyer, a consumer advice center or a tenants' association, for example. In general, if the billing seems strange to you, you can also object. You have twelve months after receipt of the statement to object. If you are right, you will get back the additional payment you have made.
Please note, however, that we cannot and may not provide legal advice. For a legally secure answer, we recommend that you seek advice from a specialist lawyer or a tenants' association.
Best regards
the Immowelt editorial team
Paul on 12/29/2018 08:31
Hello, my question relates to the radio reading of the heat cost allocator. My HKV constantly displayed the annual consumption for me to see and 4 of 5 Hkv were also correctly read off and calculated via radio. Ironically, the Hkv with which I saved the most due to the mild winter could allegedly not be transmitted by radio and was therefore estimated based on the consumption of the previous year.
If the radio transmission does not work although the data on the Hkv continues to count normally, I as a consumer assume an intact Hkv, since this Hkv was not replaced either.
In the event of a radio failure, shouldn't an attempt be made to take a manual reading in the apartment or can it then simply be estimated? Unfortunately I didn't find anything about this in the HKVO § 9.
Thanks in advance for the reply.
Reply to commentImmowelt editors on 02.01.2019 11:30
Hello,
Thank you for your comment. Unfortunately, there is currently no clear case law on the individual case that the radio transmission fails.
If the heating costs could not be properly recorded due to a device failure or for other compelling reasons, an approximation of the consumption, for example over a comparable period of time, may be permissible (§ 9a of the Heating Costs Ordinance). However, in your case it is possible to read off the actual consumption - it is therefore not possible to clearly assess whether this is included.
We recommend that you contact a specialist lawyer for tenancy law or a tenants' association for individual advice. Please also note that we are not permitted to provide legal advice.
Best regards,
the Immowelt editorial team
Haraldam 11.12.2018 15:18
Hello, I have a question. I moved into my apartment almost two years ago. The landlord only had thermostats installed after seven months to regulate the heating. I was therefore only able to properly control the heating behavior after seven months. Now I have received a bill that is far too high in my eyes. Can I do something about it?
reply to commentImmowelt-Redaktion on 11.12.2018 15:24
Hello Harald and thank you for your comment,
Of course, heating must also be adjustable for the tenant. If it is not, this represents a defect that may justify a rent reduction. However, it depends strongly on the individual case, so that we cannot finally clarify from a distance whether this is also the case in your case. We would therefore recommend legal advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
Andrea Rein on 03.12.2018 20:18
A.R.
Hello, my mother received a heating bill for 2016 that was around 60% higher than the bills for the past 4 years, and that with unchanged living habits. meanwhile was switched to remote reading in the apartment building. The reading company and the property management see no reading error. The landlord suggested to my mother that she contact the property manager and arrange for an inspection to be carried out at her own expense.
Now my questions: Is it the responsibility of the tenant or landlord/apartment owner to have suspected defects in the reading device checked?
Does the tenant have to deal with the administration or the landlord?
Who is responsible for the HZK reading devices and their function? I thought that because these are technical devices, the problem-free function is the responsibility of the apartment owner or the community of owners.
reply to commentImmowelt-Redaktion on 04.12.2018 10:04
Hello and thank you for your comment,
In fact, the landlord is obliged to have the devices regularly calibrated and replaced in the event of damage. If the tenant nevertheless suspects a fault, he must actually have an expert come to check the meter at his own expense. The landlord, for his part, could arrange for a report to be checked by the responsible calibration authorities.
However, there can be many different reasons why a meter suddenly shows different values than in previous years. Therefore, please note that we cannot check remotely whether there is actually an error. In the event of a dispute, we can recommend that you seek advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
S.N on 11/27/2018 4:11 p.m
Hello, anyone have any advice? I live alone in an apartment in a two-family house. 2 people live above me in the apartment of the same size. In addition, as they are in need of care, they are exclusively at home and always heat their apartment very warmly. I, on the other hand, try to save and am not there during the day either. However, the landlord splits the heating costs 50:50. I find that unfair. Consumption counters are not worthwhile, as they are very expensive over the year with the meter reading service. Does anyone here have advice for me? Thank you very much.
reply to commentImmowelt-Redaktion on 28.11.2018 10:00
Hello and thank you for your comment,
The billing of heating costs is regulated by law in the Heating Costs Ordinance. This prescribes a partly usage-based billing. The landlord is therefore legally obliged to install such meters. He is only not if he himself lives in the two-family house.
Best regards
the Immowelt editorial team
Mystyca on 22.11.2018 09:03
Hello, we charge 30/70 for the heating costs. I am very sensitive to heat and therefore do not heat at all because the apartment is warm enough according to VDI 2077. This value has no weighting factor and was given as 2346.061 VE. The 30% are given with a sum of 186.59 euros on my m2 and the funny correction with almost 280 euros because only the 70% alone were almost 27,000 VE. Is that legal?
reply to commentImmowelt-Redaktion on 22.11.2018 09:59
Hello and thank you for your comment,
The said correction consumption value takes into account the fact that the counters on radiators record the heat emitted by the radiators themselves, but not the heat emitted by the pipes. The application of the correction method developed by the Association of German Engineers is not mandatory, but possible. Unfortunately, we cannot finally clarify from a distance whether your heating bill is really correct. If you have any concerns, we would recommend that you have them checked by a tenant association or a specialist lawyer.
Best regards
the Immowelt editorial team
Carlos on 02.11.2018 07:42
Carlos 11/02/2018
Is it permissible to give radiators from the same series but different sizes (deviation: >12%) the same rating factors? I ask for a well-founded answer so that I can appeal. Thanks!
reply to commentImmowelt-Redaktion on 02.11.2018 11:23
Hello Carlos and thank you for your comment,
The Heating Costs Ordinance stipulates that a certain proportion of the heating costs must be billed according to consumption and, of course, this must be based on actual consumption. We are currently not aware of any judgment that has ever dealt with the question of how to deal with the same evaluation factors for different radiators, but as a rule different radiators naturally also have different evaluation factors. In this respect, there could indeed be an incorrect accounting. We would therefore recommend that you have the statement legally checked. This can be done, for example, at the local tenants' association or directly with a specialist lawyer.
Best regards
the Immowelt editorial team
Hartmuton 03.10.2018 13:42
Suppose I use 20,000 kWh in 5 years. Can someone tell me
how to convert that to liters.Heizoil
reply to commentImmowelt-Redaktion on 04.10.2018 10:01
Hello Hartmut,
Thank you for your comment. You can assume around ten kWh per liter. However, keep in mind that no oil heating system is 100 percent efficient. An older system tends to use a little more oil, a modern one a little less.
Best regards
the Immowelt editorial team
Can someone do me a final bill my tenant has moved out I needed a break hatice on 13.08.2018 12:19
Hello my question is can someone do me a final bill my tenant has moved out i needed a break
Reply to commentHello and thank you for your comment,
such a service is typically provided by property managers.
Best regards
the Immowelt editorial team
Edfla on 02/28/2018 18:05
We always check the utility bill. Errors can creep in very quickly.
[Comment shortened, note d. red.]
reply to commentKati on 02/24/2018 02:00
Hello, I have a general question, in our house, the landlord converts all vacant apartments into furnished apartments, which can be rented for a minimum of 3 months and a maximum of one year. These tenants pay a flat-rate rent that includes everything, including heating costs and water consumption. The billing of the costs incurred is allocated 70/30 to the operating costs. Now my question: Is that fair to the normal tenants, since I can imagine that the temporary tenants don't pay attention to the costs for heating and Co., to apply the costs 70/30 to everyone?
reply to commentImmowelt-Redaktion on 26.02.2018 09:14
Hello Katie,
Thank you for your comment. Irrespective of what type of ancillary cost billing the landlord carries out for the furnished apartments, it applies to existing tenancies that he must bill as stated in the tenancy agreement or as provided for in the heating cost ordinance.
Best regards
the Immowelt editorial team
Christine on 02/21/2018 12:14
Quote: "If, for example, he discovers an error in the accounting for the period from January 1st to December 31st, 2015, he can appeal until December 31st, 2016."
BUT: the landlord has until 31.12. of the following year to send the service charge statement to the tenant. This means that the objection period in relation to ancillary costs for 2015 would have already expired if the billing statement was delivered at the latest on December 31, 2016. Please clarify!
reply to commentImmowelt-Redaktion on 21.02.2018 12:59
Hello Christine and thank you for your comment,
We have corrected the passage in question.
Best regards
the Immowelt editorial team
Schpotzl on 02/12/2018 22:31
Hello, I hope someone can help me. Got moon NKA. I don't understand your heating bill.
120 sqm of living space
Heat heat 13755 kwh
Hot water V 44.2 cubic meters
1.163 kwh/cubic meter K n
55K
9.6kWh/1
Oil price / l 0.5712
The end fuel oil consumption 3024.01614. I don't understand the bill and I think that's too much. We are a household of 2 people.
I really hope someone can help me. . Thanks in advance
reply to commentImmowelt-Redaktion on 02/13/2018 09:08
Hello and thank you for your comment,
Unfortunately, we cannot check the billing remotely either. We would recommend that you take them to a tenant association. There you can usually get legal advice for a small fee and learn how you can take action against the statement.
Best regards
the Immowelt editorial team
Gabriel Van Helsing on 02/10/2018 03:30
What about the cost-effectiveness of the ancillary costs?
10 family house, but only 8 tenants for 4 years.
The landlord calculates after a lot of hassle, 1 person per apartment as a resident.
The most expensive provider on the market is used to record consumption.
For gas and electricity, the local provider is taken in the basic tariff.
You could save more than 2,000 euros over the year for this alone.
Two times the landlord has noticed him cheating on the heating.
Repairs were declared as heating maintenance.
House electricity was billed, although more than 60 percent of it was caused by water damage or a fan. The problem continues, almost all house parties pay these false bills. If I am committed to this, all tenants benefit.
But my love for some tenants doesn't go that far.
Last issue, owner passed away. Inheritance disputes 2 years.
Granddaughter gets rent, energy bills, and other utilities.
Daughter plays the boss and calculates the additional costs.
How do I find out who actually owns this property?
reply to commentImmowelt-Redaktion on 02/12/2018 09:49
Hello and thank you for your comment,
With the multitude of problems with the utility bill, we would recommend that you have both your rental agreement and the utility bill legally checked. Tenants' associations usually offer such a service for a small fee and also provide advice on how to proceed.
The owner of a property is basically the person who is entered in the land register. If you have a legitimate interest, you can apply to the land registry to inspect the land register.
Finally, please note that we are not permitted to provide legal advice. You can obtain this from a specialist lawyer or a tenant association.
Best regards
the Immowelt editorial team
Doris Zilske on 07.02.2018 16:44
Hello,
our share of the so-called pipe heat is increasing !!
Although we are very economical with the heating in our apartment, do we constantly have additional payments in large amounts, which always refer to the so-called pipe heat? However, we do not get a reasonable answer to our inquiries at the housing association.
MFG Zilske
reply to commentmario on 07.02.2018 15:10
Hello everyone,
We still haven't received an annual statement...We have two tenants in the house. But we have a consumption meter for heating, for water. How does the landlord see our consumption?
reply to commentImmowelt-Redaktion on 08.02.2018 09:08
Hello Mario and thank you for your comment,
According to the Heating Costs Ordinance, the landlord would have to bill a proportion of the heating costs and hot water according to consumption. Unfortunately, we cannot tell from afar how he intends to do this in your case without a corresponding meter. The best thing to do is to ask your landlord.
Best regards
the Immowelt editorial team
GD27 on 01/03/2018 15:33
Thank you for your reply,
I have looked at the receipts, but of course I only get information from the landlord at heating oil suppliers, HVW, etc. And he bucks because I withheld €200.00. None of the owners could give me an answer. Well.... Lawyer wasn't exactly enthusiastic about this amount in dispute either. I know there must have been a huge mistake or omission here, but how to prove it... Thanks anyway
reply to commentGD27 on 03.01.2018 11:04
Hello everyone,
I too have a big problem. Our billing period is from July 1st, 2015 to June 30th, 2016. I've lived in the owner's complex for over 30 years and therefore have many comparisons. In this statement, 9,500 ltr. Heating oil consumes 21,500 units and 94 kbm of water. We have never had such a high consumption of heating oil, although the quantities consumed by the house were often much higher. e.g. 2012/1 73,000 liters and 25,600 units and 134 kbm of water. I am a tenant with 6 owners who live here with a total of 8 units. That's not the right thing to do. But I'm running into walls and I don't get a logical answer. What can I do? My additional payment for 8 sqm is 500,--€ more than last year! Thank you for an answer.
reply to commentGD27 on 01/03/2018 11:09
Sorry 2 errors when writing: Billing period of course 16/17. and my apartment has 68 square meters.
Immowelt editorial team on 03.01.2018 11:36
Hello and thank you for your comment,
As a tenant, you have the right to see the receipts from which your heating bill is based. You can use this at first. If that doesn't bring any clarity either, you would have to have the billing checked legally. You can obtain such an examination from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
kc_1984 on 12/07/2017 23:25
Hello everyone,
I need some advice and help! Today on December 7th. the landlord gave us the heating bill personally. Billing period 1.12.15-30.11.16. The letter says it was created on 11/29/17.
How is it now that he gave it to us personally. It's about a fairly high additional payment, which also seems strange to us. Furthermore, on 16.12.17 the handover of the apartment is imminent for the purpose of moving out. Now we don't know how to behave. Not that he withholds the deposit...I hope you can help us
reply to commentImmowelt-Redaktion on 08.12.2017 08:56
Hello and thank you for your comment,
If the landlord is late in handing over the heating bill to the tenant, the date on the letter is irrelevant. He then no longer has the right to assert any additional claims. Tenants then no longer have to settle these claims. This is clearly regulated in § 556 BGB.
For this reason, the landlord may not withhold any part of the deposit. If he does it anyway, we recommend that you seek advice from a tenants’ association or a specialist lawyer.
Best regards
the Immowelt editorial team
kc_1984 on 08.12.2017 10:11
Dear Immowelt editorial team,
Thank you for the quick reply. Do you have any advice for me on how to proceed now? Handover is for 16.12. Planned. Best regards
Immowelt editorial team on 08.12.2017 13:47
In a case like yours, landlords don't really have to do anything. Of course, it would be fair if you pointed this out to the landlord in advance. Unfortunately, we cannot tell you more about this because, as I said, we are not allowed to provide legal advice.
Best regards
the Immowelt editorial team
Burim on 11/30/2017 16:57
Hello everyone,
Can someone help me with answer?
I received the heating bill from Vermutet on November 3rd, 2017, I was supposed to pay by today. I wrote to her and prayed that I had the bill from 2014 and 2015, nothing so far...it's just very strange that I only got for 2016 where I have to pay !!!!!!
The question how do I proceed?
MfG Burim
reply to commentImmowelt-Redaktion on 01.12.2017 10:05
Hello and thank you for your comment,
Landlords must send the tenant the utility bill no later than one year after the end of the billing period, otherwise they may no longer demand additional payments. As a tenant, however, you have the right to earlier utility bills and can request them from the landlord, and you can also view the receipts that form the basis for calculating any additional payments. If you have any doubts about the legality of your utility bills, we recommend that you submit them to a tenants' association or a specialist lawyer. You will receive legal advice there.
Best regards
the Immowelt editorial team
Mon1Ceur2 on 02/19/2017 23:02
Dear editorial team,
Again, cordially. THANKS for the "§-tips", I'll find out.
Grüßle Gabriell
Reply to commentGabriell on 02/08/2017 21:52
Hello dear editorial team,
1000000 THANKS for your answer, ... but I just want to know one thing, can I use this NK Abrg. even after 2 years (by a lawyer), or that no longer works, it's too late, because I filed an objection in 2016 and made the horrendous additional payment "only with reservations", THANK YOU again for your answer. Many greetings, Gabriell
reply to commentGabriell on 02.02.2017 16:30
The winter of 2015 was very mild, but the heating bill for a 9-family house exploded in the 2015 bill. In the cost breakdown for the entire property (gas purchase), 18,690 kWh more consumption than in the previous year was indicated - despite the "mild winter".
QUESTION : how can that be???
Heating system defective ???
The chimney sweep costs also increased by 400% ?!?
Thus, the sum of all costs for distribution in the overall billing of the building increased by €1,242.12 more than in the previous year !!!
These "additional costs" resulted in an increase in the heating and water costs (according to distributor key) in the individual billing, i.e. my own contribution according to living space / 62.47 sqm, a whopping €1,228.42 more than in all previous years before !!!
HOW can this be???
In addition, every year "billing service costs of over €580" are included as an item in the ancillary heating costs, which greatly falsifies all subsequent calculations, ...
QUESTION : what do Abrg. service costs have to do with the calculation formula for hot water preparation???
There are 10000000000000000000000000000 questions, but no answers from the new property management, until 2014 the landlord had no general meeting, only several houses, but I never got an answer to any complaint about the billing.
Last year I paid the high additional payment with reservations, and warned me beforehand in writing that ...
QUESTION : Can I still go to a lawyer this year to have this statement for 2015 complained about???
Thank you for your patience while reading,
GB
reply to commentImmowelt-Redaktion on 03.02.2017 09:44
Hello Gabriell,
Thank you for your comment. Unfortunately, it is not possible to judge from a distance why your heating bill has increased so much. In any case, it makes sense to have the bill checked, for example by a tenants' association or a specialist lawyer. A tenant has twelve months after receipt of the utility bill to object to it.
Best regards
the Immowelt editorial team
Gabriell on 02/08/2017 21:28
Hello dear editorial team,
1000000 THANKS for your answer, ... but I just want to know one thing, can I use this NK Abrg. even after 2 years (by a lawyer), or that no longer works, it's too late, because I filed an objection in 2016 and made the horrendous additional payment "only with reservations", THANK YOU again for your answer. Many greetings, Gabriell
Immowelt editorial team on 09.02.2017 11:43
Hello Gabriell,
Thank you for your query.
According to § 556 (3) BGB, the landlord must settle the ancillary costs within one year after the end of the billing period. You then have one year to object to this. So it doesn't matter whether the billing period was more than a year ago, but whether the landlord billed on time (only then can he request something later). You then have one year from the date of receipt of the statement to object to it.
Since we do not know the exact billing period and you lodged an objection in 2016, we cannot judge from a distance whether deadlines have already passed or not. However, we would like to point out that you should check whether your objection in 2016 could possibly have suspended the statute of limitations. However, we cannot judge from a distance whether this case, which is regulated in § 203 BGB, could apply to you.
Since your case seems to involve a higher sum, it might be advisable to seek the help of a tenants' association or a lawyer specializing in tenancy law (an initial consultation with a lawyer does not cost too much, as the costs are covered by Section 34 RVG are capped).
rulf-quensel on 02/01/2017 15:33
"The landlord must invoice annually and may neither shorten nor extend this period". A few years ago, as the manager of rented condominiums, I had to "change the billing period for heating costs to the calendar year" due to high court decisions. Case law requires that the owner must be precisely informed of the costs for a year. In this respect I had to extend a period. Fortunately, all tenants participated. Overall, nothing had changed.
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