Betriebskostenabrechnung period unclear

Hello, the situation is a little patchy when even very unhappy.

For a three-family house there were in the past several ownership changes. The last utility bill is years if not a decade ago and is no longer palpable. The last owner has the object inherited early 2014 and sensible measurements of a settlement were not available at this time. In 2014 all radiators were renewed and the end of November were mounted on this by a metering service new evaporation tube. For the first time there is thus for the heating bill, a start value, the other operating costs values ​​can still assign good. Now for 1.1.15 was made a transfer of ownership to us. The previous owner is not or capable it is impossible for lack of values ​​to provide a correct heating bills especially not specified in the lease of the accounting period and not otherwise known from when to when this went. I read that in agreement with the tenants can change the billing period for certain property, present reasons and this then may be unique even more than 12 months. I would to make a clean cut like to specify the accounting period once on 12/01/14 to 12/31/15 and then after that with the tenants by mutual agreement on the future calendar annually. Would this be a viable option or would there a better approach. As written the previous owner can create a settlement impossible because of the situation.

The best answer

I read that in agreement with the tenants can change the billing period for certain property, present reasons and this then may be unique even more than 12 months.

That would be new to me personally, especially since the settlement period of 12 months is clearly defined by law.

The previous owner is not or capable it is impossible for lack of values ​​to provide a correct heating bills especially not specified in the lease of the accounting period and not otherwise known from when to when this went

Is there a total bill for heating costs? Here you had in exceptional cases the possibility to put the heating costs by Surface when metering is not possible. Here, however, 15% of the total cost must be deducted.

The 2014 heat cost allocators are available since November, maybe there is a possibility of the values ​​of this month to extrapolate on the basis of degree day figures.

Long story short: I would settle the cost of 2014 completely living space and make the 1:01:15 to "cut".

Have read at the beginning of 2015, the values?

not set particularly in the lease of the accounting period and not otherwise known from when to when this went. I read that in agreement with the tenants can change the billing period for certain property, present reasons and this then may be unique even more than 12 months.

I've read is like, I have heard one of these errors to the lease.

There is a statutory provision stating that the accounting period is is to create 12 months:

§ 556 BGB

Agreements on operational costs.

(1) The parties may agree that the tenant bears operational costs. Operating costs are the costs incurred by the owner or leaseholder continuously through the ownership or leasehold on land or by the intended purpose of the building, the annexe, installations, equipment and the land. For the preparation of the operating costs, the cost of regulation (I, p 2346 2347.) Applies of 25 November 2003 on. The Federal Government is empowered to adopt, by ordinance without approval from the rules on the definition of operating costs.

(2) The Parties may, unless otherwise regulations stipulate that operating costs are reported as a lump sum or as an advance payment. Advance payments for operating costs may be imposed only at an appropriate level.

(3) The advance payments for operating costs must be settled annually; while the principles of sound is observed. The settlement is notified to the tenant later than the end of the twelfth month after the end of the accounting period. After this period, the assertion of a subsequent claim is ruled out by the owner, unless the owner is not responsible for the delay in enforcement. The landlord is not obligated to billings. Objections to the Settlement must inform the owner at least until the end of the twelfth month of receiving the statement of the tenant. After this period, the tenant can not assert objections, unless the hirer is not responsible for the delay assertion.

(4) A, to the detriment of the tenant of paragraph 1, paragraph 2, sentence 2 or paragraph 3 different agreement is invalid.

I> ch would make a clean cut like to specify the accounting period once on 12/01/14 to 12/31/15 and then after that with the tenants by mutual agreement on the future calendar annually. Would this be a viable option or would there a better approach. As written the previous owner can create a settlement impossible because of the situation.

Please log in Haus & Grund (owner club) and taking advice you.

So if I have understood correctly, since your to 1.1. become joint owners ??? Then you will really nothing to what. Before 01:01 was taken or still missing. Any charges or refunds would matter the previous owner. The Verdunstungsröhrschen supply yes no absolute measurement, but only a relative (of a radiator has been used more than the other). Starts at 01.01. with your billing.

Maybe this helps you further here

http://www.nebenkostenabrechnung.com/nebenkosten-abrechnungszeitraum-aendern/

Date: 2018-06-16 Views: 0

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