Electricity cost settlement

Questioner

The landlord has a location with two buildings, namely one building for care (care complex) and one building for rental to seniors (rental complex in the so-called private sector). There is one purchase meter for electricity for both buildings at the landlord. Each tenant of the rental complex has his own electricity meter on which consumption per tenant is determined. The tenant has no possibility to choose another supplier. The rental agreement states: Article 4.2 This payment obligation includes: a. a basic price for the use of the apartment; b. an advance payment for the general costs of the common areas belonging to the apartments, such as cleaning and consumption of gas, water and electricity; c. a deductible advance payment on the costs for the supply of energy d. a deductible advance payment on the costs for the supply of heat and hot water; Article 4.3 The lessor will send an annual service invoice of settlement regarding the advances referred to in section 4.2 under b, c, d to the User, in which the actual costs will be settled annually. For the deliveries as mentioned in 4.2 c and d no further agreements or the like have been made or are present. Also no agreement under the Heat Act on the basis of which 4.2 d is settled. The landlord buys electricity as a large consumer. The total costs are €0.12 per Kwh. The tenant is charged €0.20 per Kwh (plus 5% administration costs). The tenant has filed an objection and the landlord has been asked to charge the actual costs for electricity, since the consumption of the tenant's complex is part of the total consumption on the basis of which the favorable large-scale consumption rate has been obtained. Furthermore, the tenant has no freedom of choice with regard to supplier. In response to the objection and request to charge the actual costs, the landlord states the following: Lessor acts as supplier, using the permit for this from another organization and supplies the tenant at a reasonable rate. In doing so, it claims to work in accordance with the conditions of the ACM (according to the tenant, lessor does not meet the ACM conditions). Due to the large-scale consumer rate, the tenant pays less energy tax surcharge (bracket 1) and this benefit goes to the landlord, because if the tenant makes the purchases himself, he pays these charges. Can I as a tenant demand that electricity be paid at the agreed actual costs? Landlord does not want to go to the Rent Assessment Committee for advice.

Lawyer

Without having read the entire rental agreement and (if applicable) applicable regulations, I can only give a general answer. In most cases, only previously agreed service costs may be charged and the actual costs must be charged (afterwards). Does the lease also contain anything about the supply of electricity by the landlord? For utilities and other service costs, you should receive an annual statement showing the structure of the costs. You should receive such a statement within 6 months after the end of the calendar year. If there is non-liberalised housing, the rent assessment committee can assess the costs. The landlord does not have to agree to this. https://www.huurcommissie.nl/onderwerpen/servicekosten-en-nutsdiensten/in Schakelen-huurcommissie Please feel free to contact me if you have any questions or require legal assistance.