Higher heating charges and renting: how to pass them on to the tenant
Heating charges and renting - the whole relationship comes down to one rule: a higher heat cost can be passed on to the tenant as a charge independent of the owner, but only on the basis of a written statement giving the reason for the increase, and only up to the amount the landlord actually pays. Not a single zloty more. It is November 2024, the housing cooperative has just sent a notice of a new advance payment for central heating, and the lease shows a fixed amount of “rent plus charges”. What now? There are two paths, depending on how the lease is built: a flat fee or re-invoicing. Each requires different steps, and a few mistakes can invalidate the entire increase.
Why are heating advances rising in the 2024/2025 season?
A higher cap on maximum district heating prices has applied since 1 July 2024. The 2024/2025 season is the first in which it shows up in advance payments. The change was introduced by the Act of 23 May 2024 on the energy voucher, which raised the price ceiling relative to the level of 30 September 2022. The result? Heating companies can issue building managers higher bills than a year earlier.
This usually reaches the landlord as a letter from the housing cooperative or homeowners’ association stating the new monthly payment. The increase in heating advances lands in mailboxes just as the frost sets in. Do not throw that notice away. It is where the conversation with the tenant starts - without it you cannot show either the reason or the amount.
Heating charges and renting: what the Tenants’ Rights Protection Act says
Charges for the supply of energy to the premises are charges independent of the owner, and they may be raised outside the normal rhythm of rent increases. The definition sits in Article 2(1)(8) of the Tenants’ Rights Protection Act, and Article 9(1b) states that rent may not go up more often than every 6 months - except for exactly these items. Then it gets more specific. Article 9(2) imposes two obligations: giving the tenant a written statement of charges together with the reason for the increase, and collecting only the amount needed to cover the cost of supply. And then there are paragraphs 5 and 6 of that article: apart from rent, the landlord collects only such charges, and only when the person using the flat does not have their own contract with the supplier.
There is one catch. The advance paid to the housing cooperative or homeowners’ association does not have to be “energy” in full, because part of it covers property management costs. Who bears those? That is decided by the wording of the lease. If the clause raises doubts, in my view it is better to show it to a lawyer than to guess.
How to pass on the increase with a “rent plus charges” flat fee
With a fixed amount, start with the lease. Check whether it separates utility charges from rent, because that determines whether a statement is enough or an annex is needed. The “flat fee for utilities and a heating increase” problem is solved in six steps:
- Read the clause on charges and establish whether it states rent and utilities separately.
- Get the building manager’s notice of the new advance payment.
- Calculate the difference attributable to heating alone.
- Prepare a written statement of charges for the tenant indicating the reason for the increase.
- Deliver it in a way that gives you proof: against a signed receipt or by registered mail.
- If the lease does not split the amounts, agree on the change in writing.
In practice, that last point means an annex to the lease agreement that breaks the total sum into items and lets you change only the heating part in the future. Keep the signed document together with the contract (a loose sheet in a drawer tends to disappear just when it is needed). In Tenanto you can attach it to the lease in the documents section, and automatic payment due date reminders sent by email help the tenant remember that from a given month the transfer is for a different amount.
Settling heating with the tenant under re-invoicing and advances
This is simpler. When the tenant pays according to actual costs, the higher advance passes to them directly, and the owner shows the source document and settles the difference after the season. An annex? Not needed, because the lease provides for a variable amount from the start. I recommend attaching the following to the statement:
- the building manager’s letter on the new advance amount,
- the period from which it applies,
- the central heating item, separated from the other components.
Settling heating with the tenant is only closed once the annual bill from the housing cooperative arrives. An overpayment goes back to the tenant. An underpayment is covered by the tenant, up to the actual cost. Things get difficult when the tenant changes during the heating season and the result arrives after they have moved out. It is best to write down how such a balance will be split in the lease or in the handover report, before the parties go their separate ways. Afterwards it may be too late.
What not to do when raising heating charges
The owner may not make money on utilities or hide a rent increase behind the label of more expensive heating. Full stop. The most common mistakes are:
- adding a margin to the cost of supply,
- rounding the amount up “just in case”,
- raising the rent under the pretext of higher bills,
- informing the tenant only verbally or by text message, without a statement,
- passing on items unrelated to heat supply without a basis in the lease.
Changing the rent itself is a separate procedure with its own deadlines and form. That is why a lawful rent increase requires a separate notice, not a note added next to the utilities. And disputed matters and unclear contract clauses? Better to hand them to a lawyer before the tenant challenges the amount due.
Before you pass heating charges and renting costs on to the tenant, prepare a written statement with the reason and an amount equal to what you yourself pay the building manager.
Frequently asked questions
Yes, as long as the lease separates charges independent of the owner from the rent. Then it is enough to give the tenant a written statement with the reason for the change. And remember: the new amount may not exceed the cost the landlord bears.
The statement has to indicate the reason for the increase, so asking about its source is justified. Showing the building manager’s notice ends any dispute over the amount due and shows that the owner is not adding anything on top. The simplest way? Attach a copy of the letter right away.
The wording of the lease decides. Usually an annex separating the items is needed, because without it it is hard to show which part of the sum relates to heat. Does the wording of the clause raise doubts? Ask a lawyer.
