emmi - stock.adobe.comHow can high additional payments due to drastically increased energy prices be best contained in the annual statement?
Advance payments for heating costs can be adjusted flexibly to avoid large additional payments due to rising energy prices. Both landlords and tenants benefit from a fair and transparent adjustment of monthly advance payments.
Why adjustments make sense
High energy prices often mean that previously agreed-upon advance payments are insufficient. Those who use heating oil, pellets, natural gas, or district heating initially notice the cost increases with a delay, but the final payments at the end of the year can be substantial. Adjusting monthly advance payments early on can prevent unpleasant financial surprises.
Legal basis for adjustments
- According to § 556 of the German Civil Code (BGB), landlords and tenants can agree that the tenant makes advance payments for heating and hot water costs.
- Section 556 paragraph 2 sentence 2 of the German Civil Code (BGB) stipulates that advance payments may only be agreed upon "in a reasonable amount".
- Section 560 Paragraph 4 of the German Civil Code (BGB) allows both contracting parties to adjust the advance payments to a reasonable amount after a settlement.
- The adjustment does not have to be made at the same time as the annual statement and can be implemented during the current year.
Increase in advance payments under special circumstances
In 2011, the Federal Court of Justice confirmed that landlords are permitted to adjust advance payments in the event of drastically increased energy prices. The basis for this adjustment remains the last statement of account, but existing or foreseeable cost increases may also be taken into account. However, flat-rate surcharges are not permitted; the request for an increase must be specifically justified (Federal Court of Justice, Judgment of September 28, 2011, VIII ZR 294/10).
Justification for the request for an increase
Landlords should transparently present the adjustment of advance payments by:
- to show the previous consumption and costs,
- explain current energy prices
- Calculate the new, increased monthly amounts in a comprehensible manner.
For heating oil or pellets, price increases can be derived from public price databases and online charts. For district heating and natural gas, the supplier provides up-to-date information.
Advantages for tenants and landlords
- Tenants avoid large additional payments at the end of the year.
- Landlords secure their liquidity and reduce the risk of defaults.
- A fair and transparent adjustment supports a good landlord-tenant relationship.
Procedure for existing and new tenants
Existing tenants:
- If a statement of account from the previous year exists, this, plus the current energy price increases, serves as the basis for the adjustment.
- The adjustment is made in accordance with § 556 of the German Civil Code (BGB).
New tenant:
- If a previous year's statement is missing, a unilateral adjustment is not legally enforceable.
- In this case, an amicable agreement between landlord and tenant is recommended.
Practical tips
- Inform tenants about price increases early so they can understand the adjustment.
- Provide information on your own potential for savings or economical consumption habits, if necessary.
- The request for an increase should always be justified transparently and comprehensibly.
Conclusion
Adjusting advance payments for heating costs makes sense for both landlords and tenants, as rising energy prices can otherwise lead to unpleasant additional payments. If the adjustment is transparent, specific, and comprehensible, both sides benefit: tenants pay predictable amounts, and landlords secure their liquidity. An early and fair adjustment reduces conflicts, builds trust, and helps ensure that the year-end statement is understandable for everyone.
Author
Quelle: Handbuch der Wärmekostenabrechnung | Frank Peters Minol Messtechnik W. Lehmann GmbH & Co. KG, 2019
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