Every year utility bills go up. 2017 was no exception for citizens Russian Federation. At the beginning of last year, it was adopted new law on toughening liability for debtors to pay for housing and communal services. What the new law implies and what punishment is provided for persistent non-payers, we will consider later in the article.

The procedure for paying utility bills is regulated by the Housing Code. According to article 153 of the LC RF, this is the responsibility of every citizen, including legal entities who rent any premises. Housing and communal services include:

• payment for hot and cold water;
• the product of payments for electricity (study);
• payment for heating;
• and gas supply.

According to Article 155 of the Housing Code of the Russian Federation, there is a certain period during which utilities must be paid. Payment is made every month until the 10th day upon receipt of the relevant payment document. Military personnel, veterans and other categories of citizens enjoy payment benefits.

The maximum delay in paying for utilities can be 31 days. Previously, penalties were charged for a month of delay, now penalties are charged on the 31st day of the absence of payments. To use installments and deferments, good reasons for delaying payment are required. These include:

• serious disease;
• loss of position or sole breadwinner.

In any of the above cases, documentary evidence of the facts will be required.

What are the risks of non-payment of utility bills?

The new law on non-payment of utility bills provides for the accrual of penalties to debtors who do not pay their bills on time for utility bills. Federal Law No. 307 considers the procedure for calculating penalties for non-payment. The law was amended to improve consumer discipline.

The main methods of dealing with malicious non-payers are:

• penalty charge;
• introduction of restrictions or suspension of the supply of public services;
• The last resort is eviction from the apartment with the help of the court.

Consider the above methods of punishment for late payment, carried out by utility providers, later in the article.

The amount of penalty according to the law

The most common form of punishment is the imposition of fines. A penalty is a penalty for a long delay in paying utility bills. According to federal law No. 307, citizens who are overdue in payment by more than a month will be subject to penalties. You can pay the bill within 31 days after receiving the receipt.

The total amount of the penalty depends on the size of the debt and the number of days of non-payment, as well as the refinancing rate of the Central Bank of Russia.

Rent debtors who are individuals should remember that from days 31 to 90, 1/300 of the refinancing rate is charged for each day the receipt is not paid. And from 91 days the penalty will increase to 1/130 of the rate of the Bank of Russia. The current rate is 9%.

The legal status of the utility consumer affects the calculation of late fees. For organizations supplying heating, water, etc., the following fine will be charged:

• from the 1st to the 60th day - 1/300 of the interest rate of the Central Bank;
• from 60 - 90 - 1/170;
• from 91 days - 1/130 of the discount rate.

For legal entities, the fine will be charged at the maximum discount rate - 1/130. If the debt for the apartment can be paid through the terminal, then there is no penalty. Payment can only be made at a branch of Sberbank or at a management company, which should be done as soon as possible.

Accrual of interest can be avoided if a citizen has to leave for another city for a long period. The interested person is obliged to write an application to management company and report this fact. The deferred payment will be valid for six months. If an extension is required, then the next application is sent by mail.

What are the suppliers entitled to?

In addition to charging penalties, utility providers have the right to resort to other measures to punish debtors. For a delay in payment of more than 3 months, it is envisaged to cut off or restrict the supply of gas, electricity, water for non-payment of utilities. The supplier has the right to act according to this regulation until receipt Money from the debtor. Notification of the defaulter is made in writing by mail. After 3 days, if the notification is ignored, the notification is made personally by the authorized person.

Eviction from the apartment for debts is also possible. However, it applies to citizens who rent housing. INevict the owner legally prohibited from a privatized apartment. The impetus for this procedure is not the total amount of debt, but the time period for not paying utility bills - more than 6 months.

Where to complain about illegal outages?

The Federal Law on rent provides for utilities that do not have the right to turn off, even if payment is not received - heating and cold water supply.

Shutdown of any kind of utility services without proper warning from suppliers illegal! This illegal action can be appealed. A complaint can be sent to the management company or the HOA. If it was not possible to reach a mutual agreement, the claim is sent to the state housing inspectorate or Rospotrebnadzor. This is followed by a written application to the prosecutor's office and the court.

Utility providers may be held administratively and criminally liable. For violation of the regime for providing the population, the housing and communal services impose a fine on officials - 500 - 1,000 rubles, and on legal entities - 5,000 - 10,000 rubles. For arbitrariness and damage - a fine of up to 80,000 rubles is charged, or compulsory work is carried out for 180 - 240 hours, or correctional labor from 1 - 2 years, or arrest for 3 - 6 months.

Payment arrears could be the reason for the disconnection from the supply of utilities. If the debtor received the notice on time and the fact of late payment is recognized by him, then the only solution to the problem is the payment of funds. When the debt is repaid, the supply of electricity, gas, water is carried out within two days.

The procedure for the provision, payment rules and collection of debts for utilities are prescribed in various legislative acts of the Russian Federation:

• Constitution.
• housing code.
• Code of Administrative Offenses.
• Civil Code.
• Federal Laws and Government Decrees.

Federal regulations are supplemented and regulated by regional regulations. Local self-government bodies can reduce liability standards, but not increase them.

In the event of debts for housing and communal services and the need for their enforcement government bodies based on the following laws:

1. , which clearly regulates the procedure for paying for consumed resources.
2. , which describes the procedure for suspending or restricting the supply of utilities.

Utilities of Russia are obliged to be guided by the above standards and not violate them.

What happens if you do not pay off: responsibility and consequences

Late payments even for one month entail a number of consequences. Their seriousness and severity depends directly on the period of non-payment. The omission of one payment will be reflected in the payment receipt in the form of an outstanding debt. An increase in the period of non-payment of utility bills threatens with more serious troubles, and this is what will happen if you do not pay for these bills:

• Penalty is charged on the overdue amount.
• Submission of unpaid services is suspended.
• The subscriber is completely disconnected from one or another communal source.
• A statement of claim is filed with the court, on the basis of which the forced collection of debt is carried out.

Availability lawsuit allows you to seize property, put a ban on traveling abroad or make other legal restrictions.

Now you know what will happen if you do not pay utility bills on time.

Penalty for late payment of utility bills

In case of delay in utility payments, a penalty is charged on the amount of non-payment. Under federal law, it is 1/300 of the refinancing rate of the Central Bank for each day of non-payment. The amount of the penalty can be reduced by the management company, but not increased.

A penalty is charged if utility bills are not paid for more than 30 days, but less than 90 days.

If the debt is not repaid within three months, then from the 91st day a penalty begins to accrue. Its size is 1/130 of the Central Bank refinancing rate for each day of non-payment.

Restriction on the supply of housing and communal services

Unpaid utility bills within two months make it possible to apply tougher measures to the non-payer than the accrual of penalties. The management company or service provider suspends the submission of:

• water, for MKD they have the right to turn off only hot water;
• gas;
• electricity;

The suspension of housing and communal services is a measure aimed at stimulating payments. Even with partial repayment of outstanding payments, utility services can be restored. But if the consumer does not take any measures to pay off the debt, then a complete shutdown is made.

Service deactivation

Suspension and further disconnection from consumption is carried out in a certain order:

1. The consumer is notified in writing of the existence of a debt and the need to pay it off. A month is given to close the debt as a whole.
2. After the allotted period has elapsed and no payments have been made, a second notification is sent.
3. Three days after the delivery of the second letter, the public utilities turn off the service.

To connect gas, electricity or water, it will not be enough to pay the accumulated debt and interest. Separately, you will need to pay the amount for the reverse connection.

The fight against outstanding monetary obligations: how are they charged by a court decision?

Compulsory collection of debts can be carried out only by a court decision. The management company files a claim with the court after the previous measures did not bring a positive result. The debtor shall be notified of the filed claim in writing. He has the opportunity to pay debts before the start of the court session or to submit certificates that he has good reasons for non-payment.

After the court order is issued, the parties are given 10 days to appeal decision. After their expiration, enforcement measures are applied to the debtor.

Is it possible to seize property or apartment?

Forced collection of debts court decisions are handled by bailiffs. Their standard procedure is as follows:

1. The non-payer shall be notified in writing of the initiated court proceedings.
2. In the letter, the bailiffs notify the amount of the debt, along with fines and penalties, as well as the timing of its repayment.
3. After the specified period, FSSP employees come to the debtor's home and describe the property in order to compensate for the amount billed. Valuables are sold on a special platform, and the proceeds are credited to pay the citizen's accumulated debt on utility bills.

The arrest of an apartment can be made only with very large debts, when the amount of debt obligations is almost equal to its value.

Is eviction possible?

A malicious defaulter can be evicted from an apartment for non-payment of utility bills in the following cases:

1. The housing is municipal and provided to the tenant on the basis of a social lease agreement.
2. The debtor has other real estate suitable for habitation.

Eviction is an extreme measure, which is resorted to only in exceptional cases. Before it is applied, bailiffs will try other ways to collect debt from individuals.

Can children be evicted from public housing?

Minor children are not responsible for the mistakes of their parents and should not suffer from their rash acts. Although it is possible to leave a council apartment for unpaid bills, it is extremely difficult to do this if you have children.

When considering the case, the court will first of all take into account the interests of the child, and only then the desire of the owner of the municipal premises.

A family with children can be evicted, provided that they are provided with other housing, without worsening conditions. Otherwise, eviction is not possible until the execution younger child 18 years. In most cases, families with children are not evicted from municipal apartments.

Application for annulment of judgment

There are many situations when it is not only possible, but necessary, to challenge a court order to collect debts. The debtor must express his point of view in writing. This document is compiled taking into account certain features:

1. The preamble of the application must contain information about the claimant and the debtor.
2. The outstanding amount of the debt is indicated. It is important to divide it into principal debt and accrued.
3. Existing objections are registered. This may be incorrectly given calculations of debt obligations, and, in general, the existence of payment obligations.
4. There is a request to cancel the order.

The claim must be substantiated. Every argument is backed up with evidence. Official forms and calculations are attached to the application.

When are they written off?

Debt obligations for housing and communal services can be written off if:

• the owner of the living space or the tenant of the municipal apartment has died;
• the legal entity that owns the property has been liquidated;
• the debtor has been declared bankrupt;
• the defaulter is declared insolvent;
• the payment deadline has expired.

You can also write off debts through the court, if you prove that the debt was formed for reasons beyond the control of the consumer of services or for good reasons.

Limitation period

No more than 3 past years - that's how many years debt obligations can be collected for utilities. If the management company did not remember the existing non-payments for three years, and the debtor did not pay a penny, then the debt is written off (is it possible to get rid of debts and when?).

In court, it is the defendant who will have to prove that for three years no one reminded him of the need to pay.
About how long limitation period on utility bills and how to write an application to live without debt, find out.

Prohibition to transfer the right of claim to collectors or assignment to third parties

Not everyone knows whether collectors can collect this debt. Federal Law No. 214-FZ of July 26, 2019 legalizes a ban on the transfer of debt obligations for housing and communal services to third parties. Starting from July 26, public utilities were forbidden to use the services of collectors and transfer debt obligations for housing and communal services to them. Management companies are obliged to collect debts by legal methods, through bailiffs or independently, acting within the legal framework.

Other debts, except housing and communal services, can be transferred to collectors in the same manner.

What to do in case of sale to collectors?

If public utilities have violated the law prohibiting transferring housing and communal services debts to collectors and contacted a collection company, the non-payer has the legal right to file a complaint with:

• Rospotrebnadzor;
• prosecutor's office;
• the police;
• FSSP.

Regardless of the chosen instance, you will need:

1. Collect a package of documents - a court order, a written notification from collectors about the collection of debts for housing and communal services.
2. Write an application to the selected service.

From July 26, even a written appeal to the Collectors' Association will be enough to stop the illegal persecution.

If a large amount is accumulated

If you need to pay unsustainable debt obligations for utilities, then here's how you can reduce the amount:

1. Contact the Criminal Code with a request about. The accumulated debt is divided into parts for gradual payment. Usually the debtor is given from 6 to 12 months to close the problem.
2. Subsidizing. Those families whose payments amount to more than 22% of their total income can receive a discount on utility bills. Money is not issued in cash, and the excess part of the amount is paid from public funds.

• disabled people;
• the poor;
• incomplete families;
• pensioners;
• orphans;
• unemployed.

How can a Russian citizen find out the rent arrears?

Housing and communal services debt tends to constantly change, therefore, before paying for services, it is necessary. You can get up-to-date information in several ways:

1. Personally at UC.
2. On the site of the management company in personal account payer.
3. Through the online banking system. In the personal account, the corresponding utility service is selected. When entering consumer data, the exact amount of the debt is displayed on the screen.

Information on the amount of debt obligations is also issued in the settlement and reference centers.

Certificate of absence of outstanding debt obligations

When paying off debt, the consumer will need. You can take such a document in the Criminal Code or a single settlement center. The certificate is issued to the owner of the property, persons registered in the premises or their representatives under a notarized power of attorney.

The document is written in a conditionally arbitrary form. Each CC independently develops a form. The certificate is valid for 10 to 30 days. The period depends on the requirements of the organization that requested the official paper.

What if the Criminal Code ascribes non-existent amounts?

Management companies quite often abuse their powers by accruing non-existent debts to tenants. There can be many reasons for this, both a banal mistake and a desire to simply cash in. It is a common practice to distribute the debts of persistent defaulters to other tenants, although this is not legal.

In all cases of illegal accrual, the consumer has the right to challenge the billed amount in a pre-trial or judicial procedure.

Proceedings

Pre-trial settlement of disputes is carried out in several steps:

1. Contact the company that issued the invoice - UK or HOA.
2. Request an act of reconciliation of mutual settlements in the accounting department.

If the amounts are calculated erroneously and the Criminal Code agrees with this statement, then a recalculation is carried out, and the disagreement is considered settled.

The unwillingness of the management company to meet halfway and recalculate the erroneously calculated amount leads to the need to go to court. Litigation requires the following steps:

1. Make a claim.
2. Collect a package of documents confirming the facts stated in the application.
3. Pay the state duty, its amount may be recovered from the defendant.

The more complete the evidence base, the higher the likelihood of winning the court.

controversial issues

Despite the apparent simplicity of obtaining utility services and charging for them, there are a lot of complex and contentious issues that require clarification.

Solidary debt

Many, having heard about the concept of joint liability, are wondering whether they can collect debts for utilities not from the owner. In fact, solidarity debt does not imply that residents of MKD are obliged to repay debts for one or more negligent owners. Solidarity payments are collected from:

1. Adult and capable family members of the defaulter. They must be registered in this room.
2. The premises were leased under a lease agreement and it contains special conditions for paying utility bills.

With fractional ownership, each shareholder pays only his part of the property.

Are they moving to a new owner?

The obligation to pay for utilities arises at the time of registration of rights to real estate. In fact, the debts of the previous owner for housing and communal services are not transferred to the new owner. However, after the transfer real estate leverage on the defaulter is seriously reduced, and it becomes difficult to force him to repay the debt.

Meanwhile new owner will receive receipts taking into account the existing debt, on which fines and penalties are charged. He will have to either pay the utility bill himself, or negotiate with the debtor, which is extremely difficult.

Read about whether utility bills are transferred to the new owner.

If the UK went bankrupt

Another popular question concerns whether it is necessary to pay if the Criminal Code goes bankrupt. So, when the management company is declared bankrupt, the MKD is transferred under the management of another company. Debts are transferred from the bankrupt to a new manager. You still have to pay for them, but you should do it only after the new Criminal Code sends a written notice of the assignment of rights to debt obligations.

If you start paying funds earlier, there is a chance that they simply will not be reflected in the accounts, which means that the debt will remain the same.

Bankrupt management companies often want to claim debt obligations from debtors. It must be taken into account that they do not have such a right.

Are they hereditary?

The heirs, together with the property, receive an inheritance and debt obligations. You can refuse to pay them only in the event of a written refusal to accept the inheritance. Rent debts are paid by the heir to whom it has been inherited by will or by law. If the premises have gone to several recipients, then the debt is distributed among them according to the shares received.

Debts on housing and communal services are almost impossible to write off. The amount of debt is constantly growing due to penalties and forfeits, which leads to the accumulation of huge amounts of debt. It is better to solve the problem with payment in a pre-trial order. In case of forced collection, the defaulter may lose not only valuable property, but also the apartment itself.

Good afternoon, my dear readers!

For payment utility bills Russians spend about a third of their monthly income. Owners of apartments receive bills for impressive amounts. But what if the housing and communal services are of poor quality? Should the consumer pay for what was provided to him only according to the documents? Today I will talk about how you can save on poor-quality provision of utilities and what needs to be done to do this?

How to save on the provision of low-quality utilities

The amendments introduced to FZ-176 “On Amendments to the Housing Code of the Russian Federation” oblige representatives of management companies to pay a penalty to tenants of high-rise buildings in case of poor-quality provision of public services.

Now apartment owners can achieve a recalculation of utility services or collect compensation from representatives of the management company.

Now I will talk about the extent to which utility services should be provided to residents of apartment buildings and what to do if they turn out to be in violation.

Water supply

According to current regulations, residents of high-rise buildings must be provided with water around the clock. Representatives of the management company do not have the right to turn off the water for more than 4 hours a day. If the water is turned off due to an emergency situation, then it should last no more than a day. In a month, the total shutdown of water supply should be no more than 8 hours.
If the water is cut off for a longer period, then the apartment owners must pay 3.3% less than the established coefficient of water consumption on the days of the shutdown. For each hour of downtime, in excess of the established standard, the payment calculation coefficient decreases by 0.15%.
If the temperature of hot water does not exceed +40°C, then the payment for its consumption must be calculated according to the coefficients for the provision of cold water. A reduction factor is applied for every three degrees below the established norm in the amount of 0.1%.
If hot water is not supplied to the apartment for more than a day, then the amount in the receipt for its payment should be reduced by 3%.
Providing water of inadequate quality (rusty or with an unpleasant odor) is free of charge until the situation is corrected.
If the water is supplied at low pressure, within a deviation from the norm of 25%, then the payment coefficient is reduced by 0.1%. If water supply under low pressure was carried out for the whole month, then the amount in the receipt for its payment should be reduced by 72%.
The operation of the sewerage system cannot be interrupted for more than 4 hours. This rule applies even in the event of an emergency. Within a month, the total period of idle sewerage should not exceed 8 hours. The calculation of payment for each hour of idle sewerage is carried out using a reduction factor of 0.15%.

Heating

Representatives of the management company can turn off the heating, adhering to the following rules:

• if the air temperature in the apartments is above + 12 ° C, then the heating should not be turned off for more than 16 hours;
• when the air temperature in the apartment fluctuates between +10 - +12 ° C, turning off the heating should not exceed 8 hours;
• if the temperature range in the apartment is +8 - +10 ° C, then the heating should be turned off for no more than 4 hours.

If heating is supplied intermittently, then its payment is reduced by 0.15% for each hour of violation.

Electricity

Poor-quality provision of electricity is considered to be a break in its supply for more than 2 hours, if 2 power sources are available apartment building.
If there is one source of additional power, then the interruption in the supply of electricity cannot exceed 24 hours. Calculation of payment for the provision of electricity with violations is carried out using a reduction factor of 0.15%. For apartments that do not have electricity consumption meters, payment is calculated using a reduced coefficient of 0.15% for each hour of electricity supply with violations.

Gas supply

Total interruptions in gas supply cannot exceed 4 hours per month.

If the gas supply was carried out with violations, then the calculation of payment for its consumption is carried out using a reduction factor of 0.15%, for each hour, in excess of the approved standard.
If gas supply is carried out in violation of the approved pressure standards, then payment for it is not charged.

Management company services.

Cleaning and garbage disposal, as well as the maintenance of the local area are the responsibility of the management company. If its representatives perform their duties poorly, then it can be very difficult to prove this. As a rule, representatives of the company do not want to conflict with the tenants because of the identified violations and try to correct them immediately.
The procedure for the provision of services by the management company is regulated by Decree of the Government of the Russian Federation No. 354. Its content suggests that the responsibility for all services provided to the population (except for the cases of concluding agreements on the direct provision of the necessary resources to residents) lies on the shoulders of the management company.
Amendments to the current legislation make it possible to resolve the issue of poor-quality provision of services in favor of residents of multi-apartment buildings.

In case of revealed violations, fines may be imposed on the management company in favor of residents of high-rise buildings:

• for incorrect calculation of the amount of payment for utilities - 200 rubles;
• if utilities are provided with violations, then the consumer can expect to receive compensation in the amount of 30% of the amount paid.

Such a measure of influence was taken by the Government of the Russian Federation in order to motivate the management company to qualitatively fulfill the duties assigned to it to provide residents of an apartment building with vital services.

How to make a complaint about the provision of public services with violations

If residents of multi-apartment buildings are provided with violations of utilities, or are completely absent, then they need to take the following steps:

• call an employee of the management company to draw up an act on the improper provision of vital services;
• make a claim together with a utility service employee;
• demand a recalculation for the services provided and return the difference to the consumer.

In order to invite an employee of the management company to fix the incorrect provision of utility services, you must write an application at her office.
The application must contain a period of time during which an employee of the management company must appear to fix the incorrect provision of utility services. Also, the owner of the apartment must indicate the reason why the representatives of public utilities should visit the apartment building.
The owner of the apartment must carry out the same actions in order to achieve a recalculation for services that he does not use.
When submitting an application, the owner of the apartment must explain to the employees of the management company why he cannot use this or that service. After submitting the application, specialists from the management company will arrive at the apartment of the applicant to determine the reason why he cannot use one or another type of service.
The public utility employee must appear for an inspection no later than 2 days after writing the application.
The second copy of the completed application must contain a mark on the date of its acceptance. It must indicate the date of preparation and the essence of the claims against the management company.
If the representative of the communal organization did not appear at the call within the time period established by law, then the owner of the apartment has the right to independently draw up a claim and record in it all the identified violations of the provision of public services. It is necessary to fix such a claim in the presence of two neighbors.

How to achieve recalculation of payments for poorly rendered utilities

Decree of the Government of the Russian Federation No. 354 makes it possible to achieve a recalculation of poorly provided utilities.
If the apartment does not have meters for controlling the consumption of utilities, then the recalculation will be made in the manner prescribed by law.
If a person has discovered poor-quality provision of public services, then, first of all, he must fix this. This can be done by inviting an employee of the management company or independently, in the presence of two owners of neighboring apartments.
The standards for the provision of public services are given in Decree of the Government of the Russian Federation No. 534.
In case of detection of poor-quality provision of services, you must immediately call the management company and ask to send a specialist to fix and eliminate the violation.
I will clarify one important nuance: an act must be drawn up for each day of poor-quality provision of public services. That is, it is necessary to call an employee of the management company and draw up this document every day until the troubleshooting.
The time of arrival of the utility service employee must be agreed with the owner of the apartment. If the management company does not respond in any way to the tenant's demands to fix the violation, then he has the right to do it on his own, inviting the residents of two neighboring apartments as witnesses.

In order to achieve a recalculation of utility bills, the owner of the apartment must visit the management company and write an appropriate application.

The following documents must be attached to this document.

• an act drawn up by public utility employees;
  the second copy of the claim for poor-quality provision of public services, drawn up earlier.
  An application for the recalculation of utility bills must be submitted no later than 30 days after the occurrence of a suitable case.
  Recalculation must be made within a period not later than 5 working days from the date of application. Its amount must be reflected in the receipt received by the applicant in the following month.
  I will clarify that the lack of an agreement with a particular utility service by the owner of the apartment cannot become an obstacle to filing a complaint. The consumer has the right to request from representatives of the management company information containing the conditions and rates of tariffs, the procedure and quality standards for the services provided.

Act on poor-quality provision of public services

According to Decree No. 354 of the Government of the Russian Federation, an act on the improper provision of utilities is a mandatory document for their recalculation.
There is no standard form for such a document. If, during the inspection, an employee of the management company revealed violations in the provision of vital services, then they should be reflected in it.
In addition, the following information must be included in the verification report:

• the date and time of the event;
• detected violations;
• possible causes of their occurrence;
• methods and tools used to identify violations;
• the findings of the audit.

If, during the inspection, no violations were revealed, then this is reflected in the drawn up act.
Such a document is drawn up in the number of copies corresponding to the number of interested parties. One copy of the document is given to each interested party. Another copy of the document must be kept by representatives of the management company.
In addition, the possibility of self-compilation by tenants of an act on poor-quality provision of public services is allowed.

This option is allowed in the following situations:

• if the management company did not respond to the completed application within the period established by law;
• if it is not possible to notify the representatives of the management company about the problems that have arisen.

Such a document is the basis for the recalculation of payment for poorly rendered utilities. It must be signed by two disinterested parties and the chairman of the building management.

Tips for tenants who are provided with poor-quality utilities

If the owner of the apartment was denied the recalculation of utilities, then he has the right to apply to the organization for the Protection of Consumer Rights. Copies of existing documents must be provided to this organization. The same action should be taken by the owner of the apartment if the management company does not respond to his complaints in any way. In addition, you can contact the Housing Inspectorate of the city. If violations are detected by its representatives, a fine in the amount of 40-50 thousand rubles may be imposed on the management company.

If, as a result of a power outage, it has become unusable Appliances located in the apartments, then the tenants have the right to recover the damage caused to them from the management company.

To do this, you will need to conduct a special examination, which will identify the cause of the malfunction.
You can appeal the disagreement with the actions of the management company in the courts.
In conclusion, I will say that the amendments made to the current legislation allow residents of apartment buildings to protect their rights. In case of detection of poor-quality provision of public services, a person must defend his interests. If you let it all go by itself, then the owner of the apartment will throw extra money down the drain.

The Supreme Court of the Russian Federation on utility payments in the video:

With a long non-payment of utility bills and debts, services may be disconnected. When it is completely legal, and in what situation the shutdown of one of the services in the apartment will violate the law, we will understand using the example of a specific litigation.

Disabling utility resources in the presence of debt is provided for by law. There are differences regarding the supply of a resource to a residential or non-residential premises: when it comes to non-residential premises, any service can be turned off. If we are talking about a dwelling, apartment or private house, it is forbidden by law to completely turn off cold water and heating. The provision of these services can only be limited. Everything else can be turned off completely, including in the presence of debt, says Sergey Sergeev, ".

At the same time, such a disconnection should not violate the rights of those conscientious consumers who pay their bills on time. For example, if half of the residents of an apartment building do not pay for electricity, then the supplier cannot take and completely disconnect this house from supplying the resource, even if the amount of debt allows it. After all, then those who pay on time and in full will suffer.

In such disputes, much depends on the actual circumstances, Sergeyev notes: for example, on who supplies the resource. So, if a resident has a direct contract with a supplier for electricity and he regularly pays him, but at the same time does not pay to the company for the rest of the servants - maintenance and repairs, heating and water, then the company cannot turn off electricity to him for this, because he does not supply such a resource, emphasizes the lawyer. But what if the receipt is one for all services at once? An example was the case recently considered by the Moscow Regional Court.

What is underpayment of utility bills?

The service is not paid in full if the consumer owes payment for it in an amount exceeding the sum of two monthly fees for this service. The fee is calculated based on their consumption standard - the presence of meters and tariffs does not matter. At the same time, there is no agreement between the debtor and the executor on repayment of the debt (or there is, but the debtor does not fulfill it).

Valentina Gaikina*, owner of an apartment in a building managed by Comfort City Management Company LLC. In September 2017, the management company sent her a registered letter with a notification, offering to pay off her utility bills. The homeowner owed 27,561 rubles. - this amount included both utilities and home maintenance services, since the contract with the Criminal Code was concluded for everything at once. The company warned that if the debt was not repaid, it could cut off the electricity supply to the apartment. If the debt persists 10 days after the introduction of restrictions, then the light will be completely turned off.

Gaikina received a notification. As promised in the management company, on November 8, the supply of electricity was limited. On November 13, the owner of the apartment paid half of the debt - 14,709 rubles, which accounted for utilities. She specifically indicated the purpose of the payment. But this did not prevent the company from turning off electricity completely within the agreed 10 days due to the fact that all the debt was not repaid.

The procedure for limiting or disabling utility services:

a) the contractor sends a written notice to the debtor that if the debt for the service is not paid within 20 days from the date of receipt of the notice, it can first be limited and then suspended. If suspension is not possible, this stage is omitted altogether. The notification is handed over against receipt or sent by registered mail.

b) if the debt is not repaid at the specified time, the restriction of the service is introduced. The debtor must be notified of this three days in advance, handing him a notice against receipt.

c) if it is technically impossible to introduce a restriction, the debt is not repaid after the agreed 30 days, the service is turned off (except for heating and cold water in apartment building). Disconnection must be notified in writing against receipt three days in advance.

The owner of the apartment filed a lawsuit against the Criminal Code. She demanded that the power outage be declared illegal, that compensation for non-pecuniary damage in the amount of 100,000 rubles, expenses for the services of a representative in the amount of 50,000 rubles, and a fine of 50% of the amount awarded be recovered. She insisted that the company violated the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, did not properly notify her of the amount of debt for electricity, the time of the introduction of a complete cessation of its supply. In addition, the management company is not an electricity supplier, which means that it had no right to suspend the provision of electricity supply services, the applicant considered.

In general, it is most likely impossible to avoid disconnection if you do not want to pay a fee, but you can always agree. An installment agreement or debt restructuring will help. “If you do everything in your power and gradually pay off the debt, and RSO disconnected you anyway, you can try to fight in court: after all, the measures taken to repay the debt must be proportionate to the consequences of the violation. In any case, main advice- try to pay the fee on time and contact the managing organization. You can almost always come to an agreement," Sergeev sums up.

* the names and surnames of the participants in the dispute have been changed by the editors

Reading time: 7 minutes

The growth of debts of the population to pay for housing and communal services forces the state to take various measures of influence against non-payers. Initially, they are notifying and warning in nature. This is followed by economic sanctions in the form of fines and penalties. Among the more serious measures that are applied if others have not taken effect are the restriction of the supply of resources and the shutdown of utilities for non-payment in 2020. Measures can be even more radical - up to the eviction of malicious non-payers from the occupied living space.

Permissible periods of delay in payment for an apartment

The obligation of tenants to pay for utilities and the rules for their payment are defined in Art. 153 and 155 of the Housing Code of the Russian Federation. The basis is receipts sent to the consumer by service providers.

The payer has time to make a settlement according to the issued receipt. Whether it is possible to delay the payment of funds for consumed services and for how long, legislative norms establish. They provide for the deadline for payment for consumed utilities resources as 31 days of the month in which the receipt was delivered to the payer.

Other options are negotiated in the contract between the consumer of services and the management company.

From the 31st to the 90th day of debt, a penalty in the amount of 1/1300 of the refinancing rate is charged on the amount of the debt, after 90 it will be 1/130. After a three-month period, people who refuse to pay for a communal apartment receive the status of debtors.

Recent changes in the document toughen the penalties for evading their repayment. In addition to the accrual of progressive fines and penalties, the non-payer is expected to limit the supply of resources, and then turn them off completely.

These measures are preceded by written notifications of the possibility of applying such sanctions.

The reason for applying to the court can only be a violation of the power outage procedure, namely, non-compliance with all the stages provided for by the established Rules, but not the fact of a power outage itself.

So, if, following the procedure, representatives of the company turned off the light for debts, whether there are minors in the apartment or not, it no longer matters. The actions of the Criminal Code are not grounds for going to court.

A power outage is considered legal if the following conditions are met:

• the term of the debt is equal to or exceeds 3 months, if the payments correspond to the average monthly consumption rates;
• the utility provider notified the violator of the existence of the debt in writing with delivery in person, as well as in other ways to confirm the receipt of the notification;
• the debtor is given 20 days from the date of receipt of the notification, during which he can repay the debt at least partially;
• after the allotted time expires, if the tenant does not try to pay the bills, a second warning is sent to him, which contains information that the electricity will be turned off after 3 days.

The same applies to the question of whether the management company has the right to turn off water for debts. If the water is hot, then the UK can do this following the same steps.

How does a utility shutdown for non-payment

Art. 118 of the aforementioned Decree No. 354 defines the right, the Criminal Code, the housing cooperative and other representatives of the executive authorities of a particular house to limit or completely suspend the supply of a resource.

The procedure is the same for all types of services provided. The way they turn off the water for non-payment in one apartment is practically no different from the procedure for stopping the supply of gas for cooking. The algorithm includes:

1. Delivery to the debtor of a written notice of intent to restrict or suspend the provision of any service/services.
2. Waiting within the statutory deadline for repayment of the debt by the tenant is 20 days.
3. If payment is not received, the utility service is limited, then its complete blocking.

The procedure for disconnecting debtors for additional housing and communal services, the list and the fact of the need for their provision must be approved at a general meeting and recorded in an agreement between residents and the management company.



What is a notice of disconnection of utility services

A warning sent to the debtor before limiting or suspending the supply of a resource is a necessary element of the procedure for disconnecting housing and communal services. Without this, it will not have legal force.

The notice must contain the necessary information about the amount owed and the proposed sanctions. It is handed to the violator personally against signature or sent by registered mail (with acknowledgment of receipt) either. by including the notification text in the payment document. Other notification methods are also possible. The main thing is that they can confirm the fact and date of receipt of the notification (warning) by the debtor.

Services that may be disabled

What can be turned off for non-payment of utilities in an apartment building and private households is regulated by Art. 119 of Decree No. 354.

The regulation lists the supply of which services cannot be suspended or completely turned off for consumers who have missed all payment deadlines and have impressive amounts of debts for housing and communal services. These resources include heating and cold water supply, as well as sanitation.

Therefore, turning off gas for non-payment in an apartment building is a real nuisance that awaits a non-payer who has violated the rules for calculating utility bills. Gas, as well as other resources consumed by residents of MKD, may well be turned off as a measure of influence on debtors to pay their housing and communal debts.

The management company has the right to suspend the supply of electricity and block equipment located outside the apartment, for example, an intercom.

Residents who violate the law to pay for consumed utility services need to be prepared for the fact that they can stay in their apartments only with cold water and heating, which cannot be turned off by law. A positive answer to the question of whether the HOA can turn off the water for non-payment, the consumer will hear only if it is hot water.

You should not take the growing debt for an apartment lightly, since the shutdown of services is not the only trouble that it can turn into. The next step of the Criminal Code or HOA is going to court.

The implementation of court decisions will be monitored by bailiffs. Therefore, you should be attentive to the calculations for utility services and avoid late payments.



Why you can not arbitrarily connect to resources

Left without amenities that improved the quality of life, debtors begin to look for ways out of the situation, and not always legal ones. These actions are taken even when the suspension of the provision of services has occurred absolutely rightly and legally.

Instead of paying off debts and legally resuming the supply of resources, non-payers are trying to arbitrarily connect gas and electricity. They believe that this will solve the problems with hot water.

Before taking such actions, it is worth remembering that they will entail even more serious troubles. Art. 7.19 of the Code of Administrative Offenses of the Russian Federation provides for the application of penalties for independent connection to power grids and gas pipelines:

• for individuals - 10-15 thousand rubles;
• for institutions and organizations - 100-200 thousand rubles;
• for heads of enterprises - 30-80 thousand rubles or disqualification for up to 2 years.

More drastic measures are not ruled out. The commission, which detected an unauthorized connection, will draw up an appropriate act and send it to the Magistrate's Court. The court will open a case under Art. 158 of the Criminal Code of the Russian Federation, the punishment for which involves up to 48 months in prison.

Is it possible to appeal the disconnection of the supply of resources for non-payment

If the consumer believes that the disconnection of the resource for non-payment of utility bills was illegal, he can file a complaint with the prosecutor's office and the Housing Inspectorate or file a lawsuit with the court against the actions of the Criminal Code.

The complaint must be preceded by the tenant contacting the management company. A copy of the claim sent to the Criminal Code and the answer to it are attached to the application to the regulatory authorities.

If such actions did not give the desired results, the listed documents, together with statement of claim filed with the district court at the location of the property.

conclusions

Citizens who are in no hurry to pay for the consumed housing and communal services are subject to enforcement measures that seriously complicate their daily life. If you ignore warnings about the possibility of disconnecting the resource and not repaying existing debts, the supply of electricity, gas, hot water and some other services may be stopped until the debt is fully repaid.