Berlin Court of Appeal, 01.07.2016, Ref.: 14 U 23/15
Heating cost bills are prone to errors and are therefore often incorrect. In the vast majority of cases, the heating cost statement is part of the service charge statement as a whole, but this can be deviated from if this has been contractually agreed.
Tenancy law heating costs at a glance
In the event of disputes about heating costs, landlords and tenants should consult the regulations in the Tenancy law Heating costs know exactly. This is the only way to clearly enforce rights and obligations.
In accordance with Section 556 III 2 BGB, the landlord is obliged to settle the ancillary costs for the flat rented to the tenant after the end of the billing period agreed in the tenancy agreement. The ancillary costs also and above all include the heating costs. They are calculated in accordance with the Heating Costs Ordinance. The landlord may not deviate from the provisions of the Heating Costs Ordinance.
In accordance with Section 556 (3) sentence 2 BGB, the billing period for heating costs begins at the end of the relevant billing period and is twelve months. This twelve-month period is a preclusive period to the detriment of the landlord. Once this period has expired, the landlord can generally no longer assert any additional claims. Exceptions are made if the landlord is not responsible for the late assertion.
Conversely, according to Section 556 (3) sentence 6 BGB, the tenant can only object to the heating cost statement submitted to them within twelve months of receipt of the statement. As soon as this period has expired, the tenant is also excluded from raising objections.
Kalo billing incorrect
An incorrect Kalo bill can lead to considerable repayments. Those affected should lodge an objection within the statutory period.
Getting your heating bill right
Many conflicts arise because landlords have to get the heating bill right in order to make legally compliant claims. Errors often lead to reclaims.
Facts of the Case:
Minol billing incorrect - what now?
If it happens that a Minol bill has been drawn up incorrectly, affected tenants or landlords can consider taking legal action. A quick check prevents later disadvantages.
Service charge invoices were prepared incorrectly
In 2011, the plaintiffs (landlords) discovered that the service charge statements drawn up by the defendant (energy service provider) for 2008 and 2009 were incorrect. This had consequences, as the errors led to excessive claims being passed on to the tenants on the one hand and, on the other, costs passed on to the tenants had also been undercharged. With regard to Section 556 (3) sentence 3 BGB, it was not possible to offset the overpayments to be reimbursed to the tenants through additional claims to the other tenants.
Heating costs too high Tenancy law
If tenants have the impression that they are paying too high heating costs under tenancy law, it is worth consulting a lawyer. This is often due to errors in the distribution or calculation.
Tenants had paid too high heating costs - landlady sued energy service provider
In this case, the damage caused by the incorrect billing was that various tenants had paid excessive heating costs due to the incorrect billing and were able to reclaim these. This was established by the court of first instance. The repayment claim was also not excluded due to the expiry of the objection period under Section 556 (3) sentence 6 BGB, as the error in the bills had not been recognisable to the tenants. The defendant (energy service provider) lodged an appeal against this decision.
Decision of the Berlin Higher Regional Court:
Landlady had claim for damages against energy service provider
The Berlin Court of Appeal confirmed the decision of the court of first instance and dismissed the defendant's appeal. It confirmed that the landlord was entitled to claim damages from the energy service provider due to the incorrect billing in accordance with Section 280 (1) BGB.
In the opinion of the court, it was also correct that the plaintiff (landlord) was not entitled to any additional claims against the tenant who had paid too little in heating and warming costs due to Section 556 (3) sentence 3 BGB (expiry of the deadline).
Vonovia heating bill incorrect
Time and again, tenants report that their Vonovia heating bill is incorrect. In such cases, it is important to request supporting documents and compare the figures.
Lawsuit against Brunata
In cases of incorrect invoicing, a Lawsuit against Brunata or other billing service providers come into consideration. Courts examine whether breaches of duty have occurred.
Techem management and responsibility
The Techem management is responsible for correct billing. Errors can have far-reaching legal consequences.
Techem incorrect billing
If a Techem bill is incorrect, there is a right to correction and, if necessary, compensation. Those affected should act promptly.
Landlady had to pay back money to tenants
In addition, in the opinion of the court, it was correct that the landlord could not refuse to reclaim the tenants who had paid too much in accordance with Section 556 (3) sentence 6 BGB. The tenants had not been able to recognise the error in the invoices, meaning that they were not responsible for the failure to object.
Source: Berlin Higher Regional Court
Techem billing incorrect
If a Techem bill is drawn up incorrectly, service providers are liable for any damages incurred. Legal clarification is often necessary.
Manipulating heat cost allocators
Sometimes attempts are made to reduce heating costs by tenants manipulating the heat cost allocator. Such actions are punishable by law and lead to claims for damages.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
Objection to heating bill
Anyone who disputes a bill must lodge an objection to the heating bill in good time. This is the only way to maintain your claim.
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Lawyers in Cologne provide advice and representation in tenancy law.
