Ask a lawyer on the topic of Tenancy law

Ancillary costs/heating costs

November 15, 2010 | 25,00 EUR | answered by Steffan Schwerin

I have the following problem:
I live in a condominium (my property) in a multi-family house, with a total of 9 rental units.

In the heating cost statement for the year 2009, an amount of EUR 1,520.75 was calculated for me. In my opinion, this amount is significantly too high.

For comparison, I provide the consumption for the last years as follows:



2006 EUR 653.12

2007 EUR 367.93

2008 EUR 615.66

2009 EUR 1,520.75



The meter reading company has been contacted several times to explain this increased consumption. They believe that the heating behavior has changed, which is not true. In my next letter, I pointed out to the meter reading company that my heating behavior has not changed and they should send me a verifiable proof. Instead of a proof, they informed me that there was no error on their part.

I then consulted the consumer center. After reviewing my documents, they stated that this cannot be correct. For normal heating, a calculation key applies as follows:

Total costs / cubic meters x own cubic meters

Based on the total costs and own cubic meters of 204, the consumer center calculated an amount of approximately EUR 717.00.

I would like to point out that the reading was done by one person and the replaced tubes were only compared against a list. A proof was also not provided to me. What was read there and entered into the computer brought along is not known to me.

According to the consumer center and my opinion, it is assumed that the old values were not deleted, and therefore the high meter readings have now occurred.

For comparison, I provide you with the heating costs for 2009 for apartments of the same size per floor:



1st floor left 2nd floor left 3rd floor left 4th floor left

2007 367.93 533.05 481.43 296.21 2008 615.66 374.51 507.76 351.50 2009 1,520.75 393.28 641.62 295.95

The total costs for 2009 for the entire house were EUR 5,465.48. My apartment is on the 1st floor left.

The meter reading company also claims in their last letter dated 03.10.2010 that there was no error in the reading. They also claim that "compared to the previous year," an increased consumption was observed. The meter readings would, however, be plausible. The meter reading company is BRUNATA.

I intend to legally challenge this billing. Please inform me of the chances of success. How have similar cases been decided? The property management is now strongly urging the payment of the heating costs for 2009. Can

Steffan Schwerin

Dear Questioner,

I will answer the questions you have raised taking into account the circumstances described and your input as follows:

1) Please share the chances of success. How have similar cases been decided in the past?

If the values have been incorrectly calculated, the money can be reclaimed or the claim can be rejected.

The chances of success are good if the values are indeed incorrect.

2) The property management is now strongly urging the payment of heating costs for 2009. Can I withhold the payment or do I need to make a payment "under reservation" or a partial payment?

Yes, you can withhold the payments for now.

3) Is it correct that the property management or the owners' association must sue me in case of non-payment? In this case, I would be the defendant and the management would have to initiate the proceedings. Is that correct?

Yes, that is correct.

Finally, I would like to point out that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation may result in a completely different legal assessment.

I hope I could give you an initial overview and that my explanations are helpful to you. Feel free to contact me through the follow-up option on this platform for further questions.

Furthermore, I am also available for representation. I would credit the initial consultation fee towards any future services provided.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office Steffan Schwerin
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Email: raschwerin@raschwerin.de
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