Rent - Can the landlord finance the heating through additional costs?

Hello everyone,

currently we are still tenants, the house construction is planned for next year. As part of our planning, I recently spoke with the operator of our district heating network about their tariffs/fees, etc. During this conversation, I asked if an annual basic fee is charged because my landlord charges me this every year on the utility bill. The network operator denied this. I then asked the landlord what he charges me for (so far it was explained to me that he simply "passes on" the fee). The landlord then explained to me that the flat rate includes costs for - electricity for the heating system, calibration fees for the heat meters, and his connection fees to the district heating network spread over 10 years -.

My question now: Is the landlord allowed to charge me for his heating technology and thus finance his heating system through his tenants? I can still understand electricity for the heating system, as it is needed for heating.

Thanks in advance for the help! :-)

Yes, in principle, all operating costs for the heating system are transferable. However, I cannot tell you whether it will work with a flat rate in your case (how is it calculated?). You can find the possible transferable operating costs in the Operating Costs Ordinance, excerpt below.

The costs for connecting the supply line or the heating system itself certainly not, but costs for maintenance, meter base fee, and such things.

The allocable operating costs are listed in the BetrKV, §2 (internet search for "betrkv").

In summary, the regularly recurring costs (maintenance, rental of meters, etc.), the costs of consumption recording (readers, calibrations, etc.), and of course the consumption itself are allocable. Purchases, one-time repairs, and development costs are not. The costs must also be transparently itemized for the tenant (which apparently was not the case). Presenting development costs to the tenant as a basic fee borders on fraud in my opinion.