For decades, tenants have paid TV costs through additional rental costs. This has come to an end since the beginning of July. But some tenants are still being asked to pay for the TV signal.
After the end of the so-called additional costs privilege, whereby tenants had to pay TV costs through additional rental costs, a new approach by landlords and TV providers is causing discontent. The NRW consumer advice center accused the housing group LEG and the network operator NetCologne of foisting contracts on tenants and thus acting illegally. The corresponding warnings were sent out.
The two companies independently sent letters to tenants stating that the tenants would automatically receive an end-user contract. According to consumer advocates, however, the tenant’s active consent is necessary. “After the abolition of the ancillary costs privilege, consumers actually have a free choice of how they receive TV,” says Felix Flosbach from the NRW Consumer Advice Center. “But the two providers are trying to trick consumers into signing contracts without actually concluding a contract.”
The two disputed letters from the companies
In the letter from NetCologne to its customers, it says that it wants to make things as easy as possible for cable users and convert the existing cable TV contract into a TV individual user contract. “So you don’t have to worry about anything and just keep watching your favorite program – and at a permanently low price.” According to the letter, five euros are due monthly, which is actually relatively cheap. The month of July is free. Customers can unsubscribe online – so there is no obligation to pay, unlike the previous additional costs model.
LEG, in turn, writes to its tenants that they can “sit back comfortably and do not have to sign their own contract”. A new contract will be set up alongside the rental agreement, independent of the rental agreement. Termination is also possible here. The LEG apartments receive their television signals from the cable provider Vodafone. A spokesman for the Düsseldorf telecommunications company says that they have no direct contractual relationship with the tenants and that LEG offers its tenants TV services independently.
Reaction of companies
The companies reject the consumer protection groups’ accusations. A LEG spokesman says that the offer is only fulfilling contractual obligations. “In our legal opinion, a functioning TV connection is part of the existing old rental agreements.” This argument, however, does not convince consumer protection group Flosbach. “In principle, the cable TV connection must be available if it is guaranteed in the rental agreement,” says the lawyer, but: “This does not result in forced use.”
NetCologne says that a smooth transition for customers is important when it comes to television provision. “So that they can continue to watch cable TV as usual and the signal remains available in the first step, we have opened up the possibility of continuing to use the previous service via an individual contract by means of implied consent.” Implied consent means that a person’s actions indicate something that they have not explicitly said.
The ancillary costs privilege is history
Since July 1, landlords are no longer allowed to bill TV costs as additional costs in the rent, and the corresponding obligation to participate has been removed. This means headwinds for market leader Vodafone and other cable providers such as Tele Columbus and NetCologne – they want to keep as many cable users as possible as customers. Alternative offers that have had a hard time so far due to the obligation to pay additional costs are on the rise – such as Magenta TV from Deutsche Telekom or online services such as Zattoo and waipu.tv.
Source: Stern
