Managing organizations carry out recalculations of payments for housing and communal services on their own initiative, at the request of the tenants of the serviced house or as directed by the regulatory authorities. This is a difficult procedure with many subtleties and non-obvious points. In the article, we have collected the necessary information that will help to carry out the recalculation without errors, as well as correctly draw up it.
Management companies need to remember to apply for a recalculation of payments for received utilities any citizen can. True, the need for such a procedure must be justified. The conditions under which the Criminal Code is obliged to recalculate are spelled out in government decree No. 354, adopted in May 2011.
The same decree spells out the requirements for the volume and quality of the provided housing and communal services. Procedural issues related to the recalculation of housing and communal services are under the jurisdiction of the management company, HOA or housing cooperative, depending on the form of management chosen by the residents of the house.
When it is possible to recalculate for utilities, housing and communal services for heating and other services
Recalculation for housing and communal services is possible both in the direction of decreasing and in the direction of increasing the cost of services.
Watch the video on whether it is possible to achieve recalculation for heating and other services:
According to the regulation governing the procedure for recalculating rent and utility bills, such recalculation is possible in the following cases:
- if no one lives in the apartment for a certain time or fewer people live in comparison with the one for which the rent is calculated. It is important that the long absence of tenants is documented;
- if the family received a subsidy (in cases where the income per family member does not exceed the subsistence level), utility bills may be reduced. Low-income citizens sometimes pay only 6.33% of their income for housing and communal services;
- if the services were not provided in full, or they were of inadequate quality. For example, you can get a recalculation for rusty water from the tap or garbage not removed on time.
Recalculation for utility services is provided only for the following items: garbage disposal, water supply and sewerage, gas supply, water heating. Heating and services of the housing office or HOA are always paid in the prescribed amount.
Serving an apartment building of the Criminal Code cannot refuse to recalculate if the applicant has the necessary grounds for him. In this case, the consumer must be required to submit a written application. He must submit an application for recalculation before he temporarily leaves his home, or no later than thirty days after his return. Failure to comply with this condition managing organization may use it as a legitimate reason for refusing to recalculate the payment.
Nobody lived in the apartment for more than six months. Nobody gave testimony to the IPU. In this regard, they began to charge the fee according to the average monthly volume for the previous months.
Upon returning to the apartment, the hostess wrote a statement about the recalculation.
The court put everything in its place.
After accepting the application, the Criminal Code has five working days to recalculate. The period of temporary absence of tenants when writing an appeal should not be more than six months. If the managing organization makes recalculations for six months, and the apartment continues to be empty, then the owners must be required to re-submit the application.
Any grounds on which a recalculation of HCS services can be provided must be documented. Otherwise, you will not be able to get things off the ground.
For the managing organization, any recalculation is a crucial moment affecting one of the main aspects of its work - settlements with consumers and suppliers of utilities. That is why she must carefully study the submitted documents. As already mentioned, in addition to the application from the tenant, it is necessary to obtain papers confirming the indicated period of his absence. If such documents are not provided or they do not confirm the duration of absence prescribed in the application, then the Criminal Code has the right to charge the payment for housing and communal services in full.
In such situations, conflicts often arise between management companies and tenants. If the owner of the apartment insists on the need for recalculation and does not pay utility bills on time or in full, then, in accordance with part 14 of Article 155 of the RF LC, he can be fined. Naturally, the Criminal Code must prepare a clear justification for its position before doing this. Failure to submit the papers required for recalculation will be quite enough here.
There are many situations that give the right to recalculate utility bills. This explains the variety of supporting documents that an applicant can bring to the Criminal Code. When checking these securities, specialists of the management company need to know that they must be signed authorized person issuing organization. In addition, there must be a seal, date of issue and registration number. The only exception applies to travel tickets. If the applicant brings a copy of the ticket, then it must be certified. The travel document can be electronic. In this case, the tenant must be required to provide a printout.
Some consumers attach documents in a foreign language to their application. The legislation does not oblige the Criminal Code to deal with the translation of such papers and incur additional costs because of this. In this case, you need to require the tenant to provide papers in the form translated into Russian.
Copies of not only tickets, but also of any other documents that confirm the duration of the absence of residents must be certified. The consumer can bring both the original and the photocopy to the management organization. In this case, an employee of the Criminal Code verifies the papers and, if there are no discrepancies, puts an authenticity mark on the copy. The original is returned to the applicant.
The management company, when processing documents attached to an application for recalculation of payments for housing and communal services, has the right to the following actions:
- copy for yourself any papers received from the consumer;
- verify their authenticity;
- check how fully the necessary information is disclosed in the documentation.
If the tenant submits an application for recalculation before his departure, then the adjusted bill for housing and communal services is formed in the process of his absence. When submitting papers after return, this is done in the next payment document.
Each type of housing and communal services has its own quality standards.
- Water supply is considered to be of high quality if hot water has a temperature of at least 60-70 0 С during the day and 30 0 С at night (from midnight to five in the morning), if the consumer has no complaints about the hardness, color, content of reagents that are used at the filter station during purification ... Also, the standards must correspond to the pressure in the system.
- Electricity supply is considered to be of good quality if the supplier providing the apartments with electricity complies with the established standards for current and voltage. The list of permissible deviations is fixed in the corresponding GOST.
- Gas supply is considered to be of high quality if the supplied gas complies with the established physical and chemical indicators: pressure in the range of 0.0012-0.003 MPa with a deviation from the norm not exceeding 0.0005 MPa.
- Heating is considered to be of good quality if the room temperature reaches the set values.
- Adjustment of the amount of payment for heating with a centralized heating system
Calculate your heating bills depending on how the owners pay: during the heating season or the entire calendar year.
Experts of the "Management of MKD" system have collected in the table formulas for calculating the amount of payment for heating and the procedure for adjusting.
It is about the air temperature, and not about the temperature of the batteries and the water in them. In living rooms, the air should be heated up to + 18-20 0 С, in the bathroom - up to +25 0 С, in the kitchen - up to +18 0 С.
In corner rooms, two walls of which face the street, the temperature should not be lower than +20 0 С.
Even the slightest deviation from the normative indicators makes it possible to require recalculation of utility services.
An interruption in the supply of utilities is also a reason for reducing the amount of payment. A break is considered:
- no gas in the system for more than four hours within 30 days;
- lack of electricity for more than two hours (if the supplier has one power source) or longer than a day (if there are two such sources);
- no heating at a room temperature below +8 0 С (the heat supply can be turned off for 16 hours if the temperature outside the window is +12 0 С, for 8 hours - at +10 0 С and for 4 hours - at +8 0 С);
- stopping cold water supply for more than eight hours a month or four hours once;
- stopping hot water supply for the same period.
Any indicators exceeding the normative ones are considered an interruption of services and are the basis for filing an application for recalculation of housing and communal services.
As an example, let us cite the situation that occurred in mid-March 2018 with the management company Zhilischnik of the Matushkino District (Zelenograd). A resident of one of the houses turned to the State Housing Inspectorate with a complaint about insufficient hot water. During the inspection, the inspectors found that the water has a temperature of + 37.4 ° C, which is significantly lower than the established standard.
Under article 7.23 of the Administrative Offenses Code of the Russian Federation, the managing organization was fined 10,000 rubles, and its head - 1,000 rubles. In addition, she was ordered to recalculate for the provision of housing and communal services of inadequate quality and eliminate the problem. Podmoskovnaya GZI conducted a control check and found that the Criminal Code had fulfilled the requirements for raising the water temperature and recalculating payments for tenants downward.
Penalties in the described case are quite justified, since the management company itself must monitor the quality of the services provided and eliminate the shortcomings in a timely manner. It is necessary to maintain contact with the tenants so that they, first of all, go with their problems to the Criminal Code. It is not so difficult to establish interaction, for this you need:
- hold regular meetings with proactive representatives of residents;
- to support the institution of elders at the entrance, with whom constant communication is established;
- really respond to requests and try to solve problems in a timely manner.
In the described case, it is obvious that the managing organization did not perform its duties well enough. Firstly, she needed to react in time to the tenants' messages about the drop in hot water temperature, which she probably did. When such an important communal resource is deprived, people immediately begin to look for solutions in all possible instances. Secondly, the recalculation of the Criminal Code was to be made without a reminder to GZI. Due to the lack of initiative in carrying out the work, which is mandatory for the management company, fines were imposed.
If the tenants have already called the inspectors, then the Criminal Code needs to provide them with comprehensive assistance in conducting an examination, performing a control check and other activities. V deadlines all prescriptions must be followed. This will avoid accusations of malicious failure to perform duties and ignoring the requirements of the supervisory authority, which entails much more severe sanctions, up to and including revocation of the license.
When the recalculation of utility services is made up or down
The amount of payment for housing and communal services is increasing at the initiative of utilities, users do not submit preliminary applications for this.
There may be several reasons for increasing the rent, most often they are associated with unauthorized actions of tenants, which led to the fact that they were provided with more services than they should:
- a cold water meter that was not put into operation on time may be a reason for charging residents for the period of use of such a meter according to the number of people living in the apartment, and not according to the actual consumption of water;
- tie-in into the pipeline without prior permission;
- damaged seals on the electricity meter, as well as gas, cold or hot water meters.
If the consumer did not let you into the apartment and you cannot inspect the IMU, draw up an act and, based on it, carry out a recalculation.
So that you can calculate the cost of utility services in this case, our experts have prepared an algorithm.
To make such a recalculation of utility services, utilities use special formulas.
So, if the tenant "crashed" into the water supply bypassing the meter and without a work permit, he will be counted a certain amount to be paid. When calculating it, the cross-section of the pipe and its filling with water during the day will be taken into account.
Consumers can reduce their utility bills only by submitting an application. They can do this in cases where the volume or quality of housing services did not meet the established standards, or if services were absent at all.
The quality that the services must meet is spelled out in the SanPiNs, the rules for the provision of housing and communal services and the contracts concluded between the consumer and the service provider. Interruptions in gas, electricity and water supply are not allowed, except for specific periods. If the services were absent longer than the residents were informed, you can demand a recalculation for this utility service.
Interruptions associated with accidents, natural disasters and other emergencies are not a reason to reduce the rent.
How to request a recalculation for utility services to the owner
To get a recalculation of utility services, the owner must prove that he was absent for a certain period. To do this, it is enough to submit one or two documents in accordance with the following table:
|
Where did the owner go |
Which document |
How can he get it |
|---|---|---|
|
On a business trip |
Travel certificate |
You must ask for a certificate from the personnel department on the eve of a business trip. The certificate must be signed with the director of the company. After a business trip, the certificate is submitted to the accounting department |
|
Hotel bill and / or passport with marks of entry to and exit from another country |
Ask for an invoice with stamps and signatures at the hotel reception |
|
|
A certificate from the administration of a gardening partnership or a summer cottage village, confirming the fact of living in the country |
Ask for a certificate from the head of the village administration. You need to come twice - on the day of arrival (to confirm the fact of arrival) and on the day of departure |
|
|
To be treated |
Help from a hospital or sanatorium |
Ask for a certificate with a seal and signature from the chief doctor of a hospital or sanatorium |
|
Certificate from the dean's office (every six months) |
Order a certificate from the dean's office. Each semester, a new certificate is required, proving that the person has not been expelled and still does not live at the place of registration |
|
|
Certificate from the military unit at the place of service |
Get a certificate from the commander of the military unit. If, in addition to the serviceman, other owners live in the apartment, you must send them a certificate by mail. If a soldier owns an apartment alone, he will be able to recalculate housing and communal services only on his own upon his return. |
|
|
Rent a house in another city |
Certificate of temporary registration / rental agreement |
Temporary registration is provided by the FMS. The lease must be signed and stamped |
|
Anywhere |
1. Travel tickets, including electronic tickets (with the condition that your name is indicated on them). 2. Help from security organization that the apartment was empty and was under constant surveillance |
All documents can be submitted as certified copies. The employee of the communal service himself can certify the copy with his signature, but for this he needs to see the original document.
Consideration of an application and calculation of the amount of recalculation of housing and communal services can take up to five working days. The recalculation amount must be deducted from the next month's fee. If this does not happen, the tenant may require written justification of the reasons for the refusal. The days of arrival and return are not counted: if the tenant left on September 1 and returned on October 1, the rent is recalculated 29 days in advance.
Recalculation of utility services is provided for any services except heating. If the tenant has water and electricity meters installed, then only the gas charge is recalculated. Housing payments, for example, cleaning the common area, will also remain unchanged.
How is the recalculation of utility services in case of temporary absence
For example, the owners leave the apartment for more than five calendar days. In this case, they have the right to recalculate utility services. True, there is one condition - the apartment should not have individual meters. That is, it is possible to recalculate the payment for cold and hot water supply, as well as gas supply, only if their consumption is not accounted for by the meters.
Otherwise, the records of consumed services are still kept according to their indications. Regardless of the availability of meters, only garbage collection and the use of the elevator are counted.
So, if the owners left the apartment to go on vacation or go to the hospital, they need to notify about it management company... Together with the application, you must submit documents certifying the fact of absence. Ideally, the Criminal Code is warned of departure in advance. In this case, the utility worker will simply shut off and seal the water and gas in the apartment, and residents will not have to provide evidence of their absence.
If it was not possible to notify the Criminal Code in advance, residents can request a recalculation of utility services upon arrival. For this, the owners have a calendar month. We must not forget that the fees for housekeeping and heating services will remain unchanged.
The application and documents certifying the departure of the tenants are submitted directly to the management company, HOA or housing cooperative.
The accounting department must recalculate housing and communal services in proportion to the number of days for which residents left the apartment. The number of days is calculated by the number of full days of absence minus the day of departure from the apartment and the day of arrival. Recalculation of housing and communal services services must be completed within five working days after receiving a written application from the owner.
If the owner who applied for the recalculation of housing and communal services did not submit documents confirming his absence, or if the provided papers cannot certify the absence of the tenant during the entire declared period, the Criminal Code charges the rent for this period in full. In addition, if such a payment was delayed by the tenant, any measures can be applied to him, up to fines and penalties for the consequences of late or incomplete payment of utilities.
When the IPU is out of order or the term for its verification has expired, or the owners did not let you into the apartment to inspect the meter, calculate the fee for the KU using a multiplying coefficient.
The experts of the help system told about all cases when the UO has the right to multiply the consumption rate of the UO by the multiplying factor.
How is the recalculation of housing and communal services services in connection with serving a sentence
If a tenant of housing under a social rent agreement or family members living with him are temporarily absent, their rights and obligations under the agreement will not change. If the consumer is absent for more than five calendar days, and the premises are not equipped with individual or apartment-wide meters, the housing and communal services services are recalculated.
All utilities are subject to recalculation, except for heating and gas supply for heating purposes. Also, in case of temporary absence, the payment for general house needs is not recalculated. A person's stay in places of deprivation of liberty is the same temporary absence, since the social rent agreement does not terminate for this period. Such absence also does not serve as a basis for deregistration.
The tenant is still obliged to pay for the maintenance and repair of the dwelling, which does not apply to utilities. If the tenant does not pay for the dwelling or utilities for more than six months, the social rent agreement with him may be terminated in court.
If an application for recalculation of utility services is submitted before the beginning of the period of temporary absence, the contractor will perform such recalculation for the period specified in the application, but not more than six months in advance. If after this period the consumer does not return, he can submit an application for recalculation for subsequent billing periods. In this case, the recalculation of utility services is also performed by the contractor for the period specified in the application, but not more than six months.
If the tenant applied for the recalculation of housing and communal services before temporary departure, but did not submit documents that would confirm the duration of his absence (or the submitted papers do not confirm the absence of the consumer for the entire period or part of it), the contractor may charge a fee for housing and communal services for the period of unconfirmed absence in full.
The rules also allow him to apply the consequences of late or incomplete payment of utilities, which are provided for in part 14 of article 155 of the Housing Code. Russian Federation.
Obviously, an application for the recalculation of housing and communal services must always be submitted, but the most expensive services - heating and expenditures for ONE - cannot be recalculated. They will have to be paid in full. Recalculation is carried out only for other utilities. If a heat energy meter is installed, the fee is charged according to its readings. The fact of being in prison does not exempt from the obligation to maintain the premises.
Is there a recalculation for utilities of housing and communal services in 2019 in the event of a change in ownership?
Article 154 of the RF LC stipulates the differences between the payment for an apartment, which a tenant uses under a social rent agreement or simply a lease, from a payment for an apartment that was acquired as property through privatization.
So, the recalculation of housing and communal services is carried out from the moment when the ownership right was registered, that is, all charges for rent are withdrawn. This column is replaced by another - overhaul.
What are the features of recalculation for non-rendered housing and communal services
If we talk about the quality of housing and communal services, it should be noted that only experts and exclusively professional methods can measure it. So, the quality of cold water supply is assessed by the pressure of the jet, the hardness of the water, its transparency, chemical composition, color and the amount of sediment.
Hot water supply is assessed by temperature - it should fluctuate in the range of 60-75 degrees. If the owner of the living quarters doubts that he is provided with high-quality water, he can contact the sanitary-epidemiological station or order an independent examination.
If the quality of hot water in the apartment building does not correspond to the norm, recalculate the fee for this service, or completely exempt residents from payment. This is stated in Regulation No. 354.
The experts of the help system have prepared a recommendation on how to recalculate for the inadequate quality of the DHW service.
The quality of power supply is assessed in terms of current and voltage. Poor supply can be manifested in the fact that electrical appliances are not working at full capacity or do not respond to the connection to the network.
The quality of heating is assessed by the system pressure, temperature in apartments, and the quality of the coolant. At the same time, it is obvious that the owners of premises are only interested in the warmth in their home. So, the following temperature standards are legally established:
- + 18-20 0 С for residential premises;
- +18 0 С for kitchens;
- +25 0 С for bathrooms;
- +12 0 С for pantries.
In the case of gas supply, the check covers chemical composition blue fuel and system pressure. It is possible to visually identify the shortcomings only by the low rate of boiling of water.
If the management company provides services to consumers, the quality of which leaves much to be desired, the tenant may require recalculation of utility services. To do this, you just need to draw up an act stating that utilities were not provided at all or were provided of inadequate quality.
At the request of residents, such an act is drawn up by the Criminal Code itself. Any tenant has every right to independently demand to draw up this document. If the Criminal Code denies this, the owner can complain to the Housing Inspectorate.
When drawing up the act, the detected violation is described and the period during which it is not eliminated is indicated. The document receives a registration number, a date is put on it. Several people sign the act. In addition to the representative of the management organization, it must be signed by the owner of the apartment. Often, representatives of the interests of residents, for example, the elders at the entrance, take part in inspections. The status and signature of such persons are also reflected in the document.
The act is drawn up in at least two copies. The managing organization takes one for itself, the second remains for the tenant. We will give a sample of the act as an attachment.
It so happens that the CC, when checking, detects the absence of a violation, for example, in the temperature of the water in the tap or the air in the heated room. However, the owner of the apartment does not agree with this assessment of the situation. In this case, he may require an examination, that is, the involvement of a specialized and independent organization.
The tenant has such a right, but he needs to explain the procedure for paying for the work of experts. According to the existing rules, the cost of the examination is borne by the one who performs the duties of providing public services, that is, the managing organization. However, this only works when there are real violations. If the experts do not find deviations from the norms, then the consumer must reimburse the Criminal Code for the costs of attracting an expert bureau. If the examination is initiated by another participant in the audit, then it is he who pays for it.
However, in many cases of disagreement between the tenant and the management company, it is possible to do without the cost of attracting a specialized expert organization. The parties may agree to re-check with the involvement of a representative of the GZI, public defenders of consumer rights and others. Based on the results of the re-assessment, the same act is drawn up with an indication of the expanded number of participants.
Having drawn up an act, the management company sends it to the cash settlement center. It is he who performs the recalculation of utility services. The results of such recalculation are entered in the item “recalculations” of the receipt for payment of utility bills. It is worth noting that the rent can be reduced only on the basis of address information that dispatchers of the district services of the Criminal Code bring every month.
Until June 1, 2013, the owner was obliged to transfer the testimony of the IPU. Now residents have the right to report or not report meter readings. But you are still obliged to charge a fee for KU strictly according to the readings of metering devices.
The experts of the help system told how to interest residents in the need to transfer testimony, how to organize the taking of testimonies by the RNO, how to provide remote access to the IPU.
Expert opinion
Recalculation of utility services for failure to provide services requires measurements
Marina Belyaeva,
lawyer specializing in housing and communal services
If the apartment is heated inappropriately, that is, the air temperature in the room is below the standard indicators, the tenant must file a complaint with the emergency dispatch service of the management company. At the appointed time, an employee of the Criminal Code must come to the tenant to take measurements and draw up an act, if the complaint is confirmed, and the air temperature in the room will indeed be lower than the established one.
After that, the Criminal Code must find out the reasons for the "shortage", eliminate the problem, and then recalculate housing and communal services services.
How is the recalculation of housing and communal services services performed if violations are found on the part of residents
If the Criminal Code discovers that the tenant unauthorizedly interfered with the work of the general or individual meter, which is installed in the residential or non-residential premises, and distorted his readings, she will not use the readings of such a device when calculating utility bills. In this case, the recalculation will be performed based on the volume of the utility resource.
To begin with, draw up an act on the identification of unauthorized connections. Make sure that both the PCO representative and the customer are present. Draw up the act in duplicate.
Find out what to do next from our algorithm.
To calculate it, it is necessary to multiply the capacity of the resource-consuming equipment (and in the case of water supply and wastewater disposal - the throughput of the pipe) by its round-the-clock operation. Recalculation is made for the entire period from the date of unlawful interference with the operation of the meter. It is indicated in the act of checking the status of the meter, which is drawn up by the contractor and the resource supplying organization. Recalculation is terminated at the moment of elimination of such interference.
If it is impossible to establish exactly when the illegal connection to the meter or interference with its operation was carried out, then additional charges are made from the date of the last check of the meter by the contractor, but no more than six months before the month in which an unauthorized connection or interference with the meter was detected.
UO checked the metering devices in the apartment and found that the cold water meter was damaged. Based on the results of the inspection, the UO drew up an act on the basis of which it recalculated the payment for cold water supply and water disposal for bandwidth pipes. The owners did not agree with the amounts charged, considering them too high. The court helped to understand the situation.
Is there a recalculation of utility services in connection with the death of the owner
The inheritance received is recognized as the property of the heir from the date of opening the inheritance, regardless of the moment of its actual acceptance and state registration the heir's rights to inherited property (if such a right is subject to state registration).
If the owners, tenants or other persons do not use the premises, this is not a reason not to pay for these premises and not pay utility bills. If citizens are temporarily absent, they must pay a fee for certain types of services, which is calculated according to consumption standards.
They are also entitled to recalculate utility services for the period of temporary absence (made in the manner established by the Government of the Russian Federation).
Thus, tenants must pay for the apartment from the date of inheritance, that is, from the date of death of the testator.
Recalculation of housing and communal services by examples
Example 1. The owner left the apartment on December 25, 2016 (after 2:00 am local time), and returned on 01/08/2017 (until 10:00 pm local time).
In this case, recalculation for certain housing and communal services services will be made for the period from December 26, 2016 to January 7, 2017 inclusive, that is, for 13 days of absence.
Example 2. The tenant was not at home during the period from 15.01.2017 to 31.01.2017.
In order to get a recalculation of housing and communal services for this period, by 03.02.2017, he applied to the communal service and submitted only boarding passes... They will refuse to recalculate him, since he did not submit an apartment survey certificate confirming that there is no technical possibility of installing meters in it.
Example 3. The tenant was not at home in the period from 01/05/2017 to 01/15/2017.
To get a recalculation of housing and communal services for this period, the owner must apply to the utilities before February 14, 2017. He must submit to the utilities a document confirming the fact of his absence, as well as an apartment survey report confirming that there is no technical capability in it. installation of counters.
Example 4. Recalculation of housing and communal services services for heating with a decrease in temperature. We pay 801.90 rubles for heating the apartment. monthly (according to the consumption standard). In fact, the temperature in the apartment did not exceed +16 0 C during the month with the standard of +20 0 C. The recalculation amount: (0.15% × 24 hours × 31 days) × 4 0 C × 801.90 rubles. = 111.6% × 4 0 C × 801.90 rubles. = 3579.68 rubles. Thus, for the current month, instead of paying the owner monthly 801.90 rubles. the service provider must pay him 3,579.68 rubles.
The permissible duration of a break in hot water supply is determined in accordance with Russian legislation (clause 10 of the Rules). But the recalculation of housing and communal services should be provided for this period too (clause 61 of the Rules). The duration of the lack of hot water was: 62 days × 24 hours = 1488 hours.
1. The amount of refund for hot water supply should be: 303.06 rubles. (monthly fee) × 0.15% × 1488 hours = 676.43 rubles.
2. The amount of the return for the sewerage system should be: 69.66 rubles. (monthly fee) × 0.15% × 1488 hours = 155.48 rubles. The total amount of the refund should be: 831.91 rubles.
Attached files
- Request for additional accrued fees.rtf
- The act of unauthorized interference in the work of the IPU.rtf
- ACT on the provision of communal heating services of inadequate quality.doc
Perhaps everyone is familiar, because every month the owners of apartments receive appropriate notifications. In the future, they either pay the bills on their own, or transfer them for payment to the tenants of the dwelling. Be that as it may, the payment must be made.
However, situations often arise when the accrued amounts literally frighten the payers. They do not understand where such sums could be obtained from. For the purpose of litigation, service users have to contact management companies to check the accruals and, if an error is found, recalculate.
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But the need for recalculation may occur in other situations. For example, in fact, one person lives in the apartment, and a large number of tenants are indicated in the payment order. Another option is to stay in the apartment temporarily, but the communal apartment continues to come in the same size.
Foundations
So, ask the management company to recalculate the rent is available by following reasons:
- the services were not provided properly;
- services have not been provided for a long time;
- change in the form of ownership of a dwelling;
- receiving;
- the absence of tenants in the apartment for some time.
The most common reason for recalculation is precisely the last point - the temporary absence of tenants in the apartment, however, it should be noted that even in this case, at least some money will have to be paid
You will be able to “reset” the account only for the following services:
- gas supply;
- electricity;
- water supply;
- water disposal;
- water heating;
- garbage removal.
Application submission
If there is a reason to ask for a rent recalculation, you should proceed to the next step - writing an application to the management company. This procedure seems to be the most difficult for the owners, because they do not know what the approximate content of the text should be.
The following instruction will be a kind of help in this situation:
- In the upper right corner, information is written to whom the application is assigned and from whom (for example, to the head of the Comfort Housing Management Company, Alexander Sergeevich Pugachev (here the name of his managing organization and the full name of his head is indicated - exact information on this matter should be requested from the utilities themselves) from Ivanova Lilia Ivanovna, residing at the address ... (displayed, respectively, the applicant's data)).
- Then, just below in the middle of the line, the word "statement" is written. It starts with a capital letter, after this word is not put a full stop.
- Next is the text of the statement itself. It will look something like this: "I ask you to recalculate the amount of payment for housing and communal services (here it is necessary to clarify for which services: gas supply, electricity, water supply, etc.) for the period from ... to ... (exact dates are indicated until the day)" ...
- Then the reason for the request should be indicated. For example, "due to the fact that Ivanova Marina Sergeevna and Ivanov Sergei Alekseevich were temporarily absent from the occupied dwelling."
- After that, you need to prove the correctness of your words. It will look like this: "The basis for the recalculation is the following document: ... (indicate the name of the document, according to which the absence of residents at their permanent place of residence during the indicated periods is confirmed), attached to this application."
- And at the very end of the document, the date of drawing up the application is indicated and the applicant's signature is affixed.
How the rent is recalculated for previous months
But not everyone knows how the rent for the previous months is recalculated, and, in general, for what time frame it is possible to return the erroneously accrued funds. And it would not hurt to be aware of this, since utilities often violate the rights of consumers, voicing inaccurate information to them and thereby not returning the due amounts.
Maximum terms
Most often, utilities violate consumer rights by recalculating only for the last six months / 3 months, etc. However, in fact, the statute of limitations 3 years... This means that the recalculation should be carried out for this period (of course, if there are documented grounds for this).
Backdating
Not everyone knows that service payers have the right to request a retroactive refund. So, for example, if the family was entitled to benefits for the payment of utilities, but they were not taken into account when calculating the rent, then the owner has the right to request a recalculation for the last 3 months payment.
If it is supposed to recalculate retroactively due to the establishment of incorrect tariffs, then the limitation period will not be taken into account here: utilities will have to recalculate the amount of charges from the date of change of these same tariffs
Rights and regulations
Every citizen has his own rights and obligations and no one can interfere with them. However, utilities often contradict Russian Legislation... To be more aware of the rules for making recalculations, it does not hurt to study part 8 of the decree of the Government of the Russian Federation "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings ”.
So, according to him, if you do not live at the place of permanent residence for a period of from 5 days, the owner or tenant of a residential premises has the right to ask his management company to recalculate for housing and communal services for the period of absence. But this rule applies only to apartments in which metering devices are not installed due to the technical impossibility of doing this.
But they can refuse to recalculate the rent for the previous months for the following reasons: the required meters are not installed in the apartment, although there is a technical possibility for this, or if the metering devices installed in the dwelling are out of order.
It should be noted that not all utility services can be recalculated. So, for example, payment for general house needs will still be made at the usual rates. This rule is also indicated in the previously cited regulation.
Often it solves the issue of debt restructuring and contributes to the development of a debt repayment mechanism.
These housing issues are regulated in our state - the Russian Federation as follows regulations, with which it is best to familiarize yourself, and then, on unclear legal issues, it will be possible to calmly and
consult with lawyers who specialize in housing matters and have judicial experience in housing disputes.
1. The Housing Code of the Russian Federation (hereinafter referred to as the LC RF).
2. Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation of 05/06/2011 No. 354, which are valid throughout Russia from September 1, 2012 to the present period.
3. The rules for the provision of communal services to citizens, approved by the Decree of the Government of the Russian Federation of May 23, 2006, No. 307, which were valid throughout Russia until September 1, 2012.
So, according to part 1 of Article 155 of the RF LC, the payment for residential premises and utilities is paid monthly until the tenth day of the month following the expired month, unless another period is established by the management agreement for an apartment building or by a decision general meeting members of a homeowners' association, housing cooperative or another specialized consumer cooperative created in order to meet the needs of citizens for housing in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).
According to part 11 of Article 155 of the RF LC, the non-use of premises by owners, tenants and other persons is not a reason for non-payment of payment for residential premises and utilities. In the temporary absence of citizens, the payment for certain types utilities, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation.
According to part 1 of Article 157 of the RF LC, the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by the state authorities of the constituent entities of the Russian Federation in the manner established by the Government Russian Federation.
According to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, recalculation for utilities in a residential area is possible, approved by Resolution Government of the Russian Federation No. 354, RECALCULATION for payment for utilities is done in three cases:
1. If you have been absent from home for more than 5 days (this fact must be documented by presenting, for example, a travel certificate or an extract from the hospital);
2. If the utility service was not provided in full or of inadequate quality (for example, cold water flowed from the tap instead of hot water);
3. If the service was not provided at all (there was no electricity, water, gas or heat for some time).
Section VIII of these Rules establishes that the recalculation is carried out only for hot water supply, cold water supply, gas, electricity and sewage, and that it is possible only in the absence of individual and general house metering devices for these resources. It is produced in proportion to the number of days during the period of temporary absence of the consumer, but no more than 6 months. When determining the period of absence of a citizen, the day of his departure and return is not taken into account.
Unfortunately, you did not indicate in your request what you are specifically interested in recalculation for utilities and in connection with what.
In the name of the Russian Federation
SOLUTION
Izhevsk Case N А71-11496 / 2011
November 21, 2011
The operative part of the decision was announced on November 15, 2011
The solution was manufactured in full on November 21, 2011
Arbitration court Of the Udmurt Republic, composed of Judge E.A. Bushueva.
when keeping the minutes of the court session by the secretary Shishkina A.A.,
having examined in open court the case upon application
Municipal institution<Городское жилищное управление - Управ-
company in the housing and communal services of Izhevsk>,
to the Office Federal Service on supervision in the field of protection of the rights of
consumers and human well-being in the Udmurt Republic,
Izhevsk,
on disputing the decision on bringing to administrative
responsibility,
the person concerned - the Prosecutor of the Leninsky district of Izhevsk,
with the participation in the meeting of the applicant's representative - Cherepanova Yew.AND. on
power of attorney from 29.09.2011, the representative of the defendant - Svetlakova OL.
by power of attorney from 22.08.11, the representative of the prosecutor - Vedernikova E.The.
according to certificate N 092226,
INSTALLED:
Applicant - Municipal institution <ГЖУ - Управляющая ком-
pania in the housing and communal services of the city of Izhevsk> applied to the Ar-
the arbitration court of the Udmurt Republic with a statement on recognition of
equestrian and cancellation of the resolution of the Office of Rospotrebnadzor on Ud-
Murtskaya Republic from 21.09.2011 N 1120, which the applicant attracted
chen to administrative responsibility under Article 14.7
RF Code of Administrative Offenses.
In support of the stated claim, the applicant indicated that he had
made adjustments to utility bills to owners and
tenants of an apartment building (MKD) on the street. pos. Mechanical engineers,
112 at the time of the transfer of the house to the newly elected managing organization
Utilities for 2007. Correction of the size of the pla-
2
you on utilities on personal accounts to tenants and own
To the owners of MKD are produced by UIA<РИЦ>... At the same time, the duration of the conference
rectification, as provided for in clause 19 of the Rules for the provision of utilities
services to citizens, approved. Government Decree N 307 of
On 23.05.2006, the applicant was not complied with, but this does not violate the rights and
interests of citizens related to payment for housing and communal services.
In itself, issuing receipts (invoices) to citizens for payment of com-
municipal services, rights (interests) of the residents of this house should not be violated
maybe. Issuance of receipts (invoices) to citizens for payment of utilities
services is only an offer to pay, and not an imposition of an unconditional
payment obligations. When issuing invoices to citizens for
payment of municipal services<ГЖУ - Управляющая компания в жи-
the municipal services of the city of Izhevsk> did not count the residents,
as the administrative authority points out, since the evidence that
the amount of the adjustment was presented incorrectly, not presented. Not pre-
also put up evidence that from residents of MKD on the street. pos. Ma-
tire builders, 112 applicant collected more Money, how
provided by the law.
The administrative body did not recognize the stated requirement on the basis of
the opinions set out in the written review.
The representative of the prosecutor supported the arguments of the defendant.
From the materials of the case it follows that the Prosecutor's Office of the Leninsky District
Izhevsk, an audit was carried out in relation to MU<Городское жилищное
Izhevsk> at the request of an authorized representative of the house 112, pos.
Machine builders, Izhevsk Maksimova V.V. on violation of the law
telstva when calculating payments for housing and communal services.
During the audit, it was found that between the owners of the dwelling
ma N 112 pos. Machine builders and MU<ГЖУ - Управляющая компания в
housing and communal services of the city of Izhevsk>
Lenin N 231 / 1.1 of February 15, 2006. In accordance with clause 2.1.4 of the contract
the management company undertakes to organize the acceptance of payments for
utilities, organization of payment for utilities
services, as well as organize the accrual of subsidies and benefits for payment
services for the maintenance and repair of residential premises, utilities in
in accordance with applicable law.
MU<ГЖУ - Управляющая компания в жилищно-коммунальном хо-
in Izhevsk> presented invoices for payment of housing
utilities for residents of the house 112 pos. Machine builders Izhev-
ska, for June 2011, which indicates the amount of the adjustment of the fee for
utilities in the amount of 194,434.84 rubles, including payment for hot
water supply for the period from 01.01.2007 to 31.12.2007 in the amount of 51 489.47
rubles, the amount of the adjustment of the payment for heating for the period from 01.01.2007 to
12/31/2007 in the amount of 18 584.87 rubles, the amount of the adjustment of the fee for cold
new water supply from 01.01.2007 to 31.12.2009 in the amount of 112185.39 rubles. and
3
the amount of the adjustment of the payment for water disposal for the period from 01.01.2007 to
12/31/2007 in the amount of 12,175.84 rubles.
Due to the fact that the presentation of the adjustment for 2007 the course of the law
not provided by the government, aimed at introducing consumers into the
delusion about the actual cost of services, the Prosecutor's Office of Le-
Ninsky district of Izhevsk on 23.08.2011 a resolution was issued to initiate
in the case of an administrative offense, provided for by
tei 14.7 of the Code of Administrative Offenses of the Russian Federation<Обман потребителей>... Translation materials
to the Office of Rospotrebnadzor in the Udmurt Republic, to the subordinate
which is responsible for the consideration of cases of administrative
offenses provided for by Article 14.7 of the Administrative Code of the Russian Federation.
September 21, 2011 by the Office of Rospotrebnadzor in Udmurt
The Republic was issued a resolution N 1120, in accordance with which
MU<Городское жилищное управление - Управляющая компания в жи-
household and communal services of the city of Izhevsk> involved in the administrative
liability under article 14.7 of the Code of Administrative Offenses of the Russian Federation<Обман потребителей>from on
imposition of a fine in the amount of 12,000 rubles.
After assessing the evidence presented in the case, the arbitration court
came to the following conclusions.
By virtue of article 14.7 of the Code of the Russian Federation on Administrative Offenses
measuring, weighing, counting, misleading about and-
specifically consumer properties, quality of goods (work, services) or
other consumer deception, with the exception of cases provided for in part
article 1 of Article 14.33 of this Code, in organizations carrying out
the sale of goods that perform work or provide services for
village, as well as citizens registered as an individual
local entrepreneurs in the field of trade (services), as well as citizens,
employed by individual entrepreneurs, - entails the imposition
an administrative fine for citizens in the amount of one thousand to two
thousand rubles; on officials- from one thousand to two thousand rubles
lei; on legal entities- from ten thousand to twenty thousand rubles.
According to the rules of Part 4 of Art. 154 of the Housing Code of the Russian Federation payment for utilities
services includes charges for cold and hot water supply,
sewerage, electricity, gas, heating, including
electricity in common areas. Utility fees
services provided for by Part 4 of Art. 154 LCD RF, calculated according to tariffs,
established by the state authorities of the constituent entities of the Russian
Federation, bodies local government in the manner prescribed
federal law.
Part 1 of Article 157 of the Housing Code of the Russian Federation established that the size
utility bills are calculated based on the volume of consumption
utilities determined by the readings of metering devices
that, and in their absence - based on the standards of consumption of utilities
services.
4
The rules for the provision of communal services to citizens,
approved by the Decree of the Government of the Russian Federation of 23.05.2006 N 307, us-
the procedure for calculating and paying utility bills has been established.
The amount of payment for power supply is calculated according to tariffs established
new for resource supplying organizations in the manner determined
the legislation of the Russian Federation.
If the executor is a managing organization, then
calculation of the amount of payment for utilities, as well as the purchase of
fattener electrical energy, gas are carried out at tariffs used
used to calculate the amount of payment for public utilities
us (Housing Code of the Russian Federation, Federal Law of December 26, 2005 N 184-FZ
<О внесении изменений в Федеральный закон <Об основах регулирования
tariffs of utility companies> and other legislative
acts>).
Clause 19 of the Rules establishes that in the absence of collective
(common house), general (apartment) and individual metering devices
the amount of payment for utilities in residential premises is determined:
a) for heating - in accordance with subparagraph 1 of paragraph 1 of the annex
N 2 to the Rules. At the same time, the performer makes adjustments once a year.
the calculation of the amount of payment for heating in accordance with subparagraph 2 of paragraph
1 of Appendix No. 2 to the Rules;
b) for cold water supply, hot water supply,
sewerage and power supply - in accordance with subparagraph 3 of paragraph-
1 of Appendix No. 2 to the Rules, unless otherwise provided by the contract,
the consumer is considered to be temporarily residing in a dwelling during
the increase of the period, the duration and day of the beginning of which are indicated by the
tele in the notification sent to the performer, and attributable to
temporarily residing consumer payment for utilities is
is calculated in proportion to the number of days lived. In this case, the
the filler produces 1 time per quarter, and if it is provided for by the contract
rum - once a year, adjusting the amount of payment for such utilities
meadows in accordance with subparagraph 4 of paragraph 1 of Appendix No. 2 to the Rules.
In accordance with paragraph 37 of the Rules, utility bills
made on the basis of payment documents submitted by the executor
by phone no later than the 1st day of the month following the expired month,
which is the payment being made. Clause 38 of the Rules determines that in the payment
The numbered document includes, among other things: an indication of the paid month,
name of paid utilities, tariff values (prices)
for utilities, units of measurement of volumes (quantities) to m-
munal resources or allotted Wastewater... In the absence of a collec-
tive (general) and (or) individual metering devices -
indicated by the contractor based on the standard of consumption of utilities
services, the total area of the premises (for heating) or the number of citizens,
registered in the dwelling (for cold water supply,
5
hot water supply, sewerage, power supply and gas
supply).
The materials of the case confirm and are not contested by the applicant that
MU<Городское жилищное управление - Управляющая компания в жи-
the housing and communal services of the city of Izhevsk> presented invoices-receipts
to pay for housing and communal services to residents of the house 112 pos. Machine-
builders of Izhevsk, for June 2011, in which the amount of cor-
rectification of utility bills in the amount of 194,434.84 rubles. (cor-
rectification of payment for hot water supply for the period from 01.01.2007 to
12/31/2007, adjustment of heating bills for the period from 01/01/2007 to
31.12.2007, adjustment of payment for cold water supply from 01.01.2007
to 31.12.2009 and adjustment of the payment for sewerage for the period from
01.01.2007 to 31.12.2007).
Submission of adjustment for 2007 is contrary to paragraph 19
Of the rules for the provision of communal services to citizens, according to which
mu adjustment of the amount of utility bills is made 1
once a quarter, and if it is provided by the contract - once a year, of which
it follows that the adjustment of the fee for 2007 could have been made on request
driver in late 2007 or early 2008, but not in 2011.
In accordance with article 2.1 of the Code of the Russian Federation on Administrative
in offenses, an administrative offense is recognized against
rightful, guilty act (inaction) of a physical or legal
a person for whom this Code or the laws of the subjects of the Russian
Federation on administrative offenses established by the administrative
strategic responsibility.
A legal entity is found guilty of committing an administrative
tive offense, if it is established that he had
the ability to comply with the rules and regulations, for violation of which the present
the Code or the laws of the constituent entity of the Russian Federation provides for
administrative responsibility was rendered, but this person did not accept
you are all in his control to comply with them.
The case materials do not contain any evidence, testimonial
claiming that the applicant did not have the opportunity to comply with
housing legislation and rules for the provision of utilities
services to citizens. Also do not contain case materials and evidence, evidence
indicating what measures were taken by the applicant for
observance of the specified norms.
Thus, the presence of MU in actions<Городское жилищное
management - Management company in housing and communal services
Izhevsk> composition of an administrative offense provided for
th article 14.7 of the Code of Administrative Offenses of the Russian Federation is proven.
For an admitted violation of the MU<Городское жилищное управление -
Management company in the housing and communal services of Izhevsk>
reasonably brought to administrative responsibility under article
6
14.7 of the Administrative Code of the Russian Federation. The penalty was imposed on the applicant within the sanction of article
14.7 of the Administrative Code of the Russian Federation in the amount of 12,000 rubles.
Violations of the procedure for bringing the applicant to the administrative
responsibility in the consideration of the case has not been established, including
establishment of initiation of an administrative offense case
issued in the absence of the applicant's legal representative, but in the presence of
evidence of his notice of the place and time of drawing up the resolution
niya; the case of an administrative offense was considered upon receipt
and evidence of notification of the person prosecuted about
place and time of consideration of the case, in the presence of a representative, declare
la.
The decision was adopted by the defendant within the limits of his powers,
stipulated by article part 1 of article 23.49 of the Code of Administrative Offenses of the Russian Federation. The contested
the establishment was made within the limitation period of attraction to the administrative
constructive responsibility.
According to Article 211 of the Arbitration Procedure Code of the Russian Federation, the arbitration court decides on
invalidation and cancellation of the contested decision, if
the examination of the case will establish that the contested decision or its procedure
adoption does not comply with the law, or there are no grounds for
attraction to administrative responsibility or the application of a specific
measures of responsibility, or the contested decision was taken by the body or
by an official in excess of their powers.
Of the circumstances specified in the aforementioned norm when considering the case
the court has not established, therefore, the grounds for recognizing illegal
nym and cancellation of the contested decision of the defendant is not available.
The applicant's arguments in support of the stated claim
rejected on the following grounds.
In accordance with the materials of the case, house 112 in the village. Machine builders
Izhevsk was under the control of the MU<Городское жилищное управление
- Management company in the housing and communal services of the city of Izhevsk>
before 07/01/2011 Disputed invoices-receipts by the applicant presented at the expense
for June 2011, i.e. for the period of management of the applicant.
Disputed receipts presented to consumers for June 2011
by design do not differ in any way from the usual requirements
beaters of earlier invoices-receipts. Adjustments for 2007 in them indicate
the total together with adjustments for 2008-2009, along with
other utilities.
The back of invoices contains information that adjustments
the installation was carried out in accordance with the requirements of the Rules for affixing
utility services to citizens approved by the Resolution of the
teli RF of 23.05.2006 N 307. It is indicated that in the case of not
payment of the specified debt will be charged penalties, and MU<Город-
utilities of Izhevsk> forced to go to court with
lodging legal costs on the debtor.
7
Under these circumstances, having the above account-
receipt, the consumer is deprived of the opportunity to establish what amounts he
is obliged to pay in accordance with the requirements of the Rules, and what amounts he
not obliged to pay, tk. The rules indicated expenses are not provided for a-
they are. MU approval<Городское жилищное управление - Управляющая
a company in the housing and communal services of the city of Izhevsk> that controversial
bills - receipts do not violate the rights of citizens, but only contain pre-
Voluntary payment is not correct.
The administrative body justifies the actions of the applicant qualifying
ficated as a miscalculation (or other deception) of the consumer. Consumer in effect
provisions of the housing legislation must pay for services according to the
new price (tariffs), and the contractor to provide these services in accordance with
vii with current standards. Taking adjustment for 2007
the legislation is not provided. However, the applicant submitted
the specified amounts payable to consumers along with other payments that
is illegal.
The applicant's actions are aimed at misleading consumers.
determination regarding the timing of adjustments for utilities
services and the possibilities of their presentation are designed to induce consumers
pay the indicated amounts.
The applicant's reference to the lack of evidence that the MU<Город-
Housing Administration - Management company in housing
utilities of Izhevsk> collected more funds,
than provided for by the legislation, is rejected, since the composition
offenses provided for in Article 14.7 of the Code of Administrative Offenses of the Russian Federation is for
minimal and does not bind the prosecution according to the specified
thie with the onset of adverse consequences, causing the mother-
damage to consumers.
Application for disputing the decision in the case of administrative-
no offense state fee, according to Art. 208 APK
RF, is not assessed.
Guided by Articles 167-170, 211 of the Arbitration Procedure
RF Code, Arbitration Court of the Udmurt Republic
DECIDED:
Refuse to satisfy the application for recognition as illegal and
less the resolution of the Office of Rospotrebnadzor in the Udmurt Republic
to the public from 21.09.2011 N 1120 on the involvement of the Municipal institution e-
niya<Городское жилищное управление - управляющая компания в жи-
personal and communal services of the city of Izhevsk> to the administrative
responsibility provided for in Article 14.7 of the RF Code of Administrative
strategic offenses.
The decision can be appealed by way of appeal
to the Seventeenth Arbitration Court of Appeal within ten days from
the day of its adoption (production in full) through the Arbitration Court
Udmurt Republic.
Enactment of Government Ordinance 354 allows citizens to recalculate payments rent on certain conditions.
Based on this document, consumers of housing and communal services can check the correctness of the calculation of payments, as well as demand their reduction subject to certain conditions.
Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:
Is it possible to recalculate payments for housing and communal services?
Resolution 354 was originally adopted by the RF Government in 2011.
As in other laws in it the latest amendments and changes are made.
New edition PP 354 entered into force at the end of 2015. This legislative act regulates the procedure for the formation of bills for housing and communal services, establishes consumption standards.
The recalculation can be done by the service provider. Moreover, during the procedure, the amount in the receipt can either decrease or increase. Provider has the right to increase the cost of services if:
- the verification of the meters was not performed on time. In this case, payment is made according to tariffs that are higher than payment according to the indicators of metering devices;
- a tie-in into the pipeline was made independently if the pipe diameter exceeds the established standards;
- there are no seals on the meter, or its integrity is violated.
Recalculation downward at the initiative of the consumer is possible if there are no individual or general household meters.
Some housing and communal services are not subject to recalculation:
- heating of residential premises (recalculation can be made only in the event of a complete shutdown or at a temperature that does not meet the standards);
- gas supply for heating purposes;
- payment of general house needs;
- sewerage is separate from water supply.
Recalculation of payments for heating is carried out exclusively through the courts... It will be necessary to attach a sufficiently large number of supporting documents.
Is it legal to shut down utilities for long-term non-payment? find out right now.
Foundations
For what period can you make a recalculation for utilities and in what cases is it produced?
To submit an application for recalculation, there must be substantial grounds listed in Bylaw 354:
- Long absence of tenants(if no one lived in the apartment). The period of absence is considered to be a period of 5 days or more. If several people live in the apartment, recalculation is made when applying from each. New charges are made based on the number of days of absence.
- Complete lack of services... There are standards for the legal time of disconnection of services. If the shutdown period does not exceed these periods, the payment should not be recalculated.
- Poor services... Independent measurements of quality are not recognized by managers, therefore specialists should make them. When measuring, the water pressure, chemical composition, transparency, and hot water supply temperature are assessed. If you have any doubts about the quality of water, you can contact Rospotrebnadzor. When evaluating a power supply, voltage and current are measured.
Where to contact?
An application for recalculation is submitted to the management company or directly to the company providing housing and communal services. Requisites for contact are in the receipt for payment.
In case of poor quality services, it is possible to contact Rospotrebnadzor, Housing Inspection.
Depending on the type of contracts concluded and the method of managing the house you can contact:
- directly to service providers.
Application rules
How to write an application for the recalculation of utilities?
Application for recalculation does not have a strictly established form and is written in free form by general rules registration of this business document.
The following points are required in the application:
- The name of the organization to which the tenant applies.
- Personal data.
- Residential address.
- Please make a recalculation indicating the type of service.
- The period for which the payment needs to be recalculated.
- Grounds for recalculation, indicating annexes to the application.
The document can be sent by registered mail with notice and a list of applications or referred directly to the organization. When submitting papers in person, the application is drawn up in two copies. One is handed over to the employee, and on the other you need to get the signature, seal and registration number of the document.
You can use a sample application for recalculation of utility bills.
Package of documents
What documents are needed to recalculate utilities? The list of attachments to the application depends on the basis for the recalculation and must prove the facts.
For recalculation due to temporary absence:
- a certificate from the employer about a business trip;
- certificate of being in an inpatient medical institution;
- hotel checks;
- certificate of temporary registration in another city;
- a certificate from an educational institution;
- a certificate from the HOA about living in a summer cottage.
For recalculation due to inadequate quality of services:
- an act indicating the date of inspection and the address of the premises;
- expert opinion.
Each document must be executed legally competently. Inquiries from various organizations must contain their details, seal, signature of the employee, so that it is possible to check the information specified in them.
Timing
The opportunity to file an application only exists within 30 days after the date of the grounds for this action. If the need for recalculation is due to the absence, you can apply before departure by providing the required confirmation. The recalculation will be reflected in the receipt for the next billing period.
When applying before departure, the maximum recalculation period is 6 months... If you don't live more long term, six months later, a new application is required.
A missed deadline for submitting an application may serve as a basis for refusal to recalculate. If the deadline is missed by good reason, you will have to seek recalculation in court.
By law, submitted and confirmed on time necessary documents statement subject to satisfaction within 5 working days.
If the Criminal Code refuses to recalculate, it must do so. in writing, justifying the reasons for the refusal... A consumer who is confident in his rightness can contact the prosecutor's office or the court, just observe.
Examples of
How to recalculate utility bills? Recalculation of a specific type of service depends on the method of calculating the amounts for their payment:
- Correct payments if necessary during the absence of tenants all services are recalculated at the same time. The amounts that are charged for payment on a monthly basis are divided by the number of calendar days. After calculating the cost of services for one day, the amount is multiplied by the number of days of absence, and the result is deducted from the total amount of payments.
- Recalculation of gas charges made in the absence of a meter in the apartment. How long is it possible? An amount proportional to the days of absence is deducted from the total gas charge.
- Recalculation of electricity bills is possible only if the payment was charged according to the standards, and not according to the meter readings. Sometimes extra kilowatts are added by mistake of controllers.
In this case, it is necessary to contact the suppliers to make repeated measurements, and based on them, make a recalculation.
Features for heating
It is possible to reduce the amount of payments for heating if this service is not provided properly.
The basis will be non-compliance temperature regime in room.
It is almost impossible to prove the fact of low temperature if the following factors are present in the room:
- heat loss due to inadequate quality of door or window blocks. However, with a small heat transfer from heating devices, this fact can be disputed;
- air locks located in the risers. If the housing office employees were not allowed into the apartment to eliminate traffic jams, the tenants will be refused when submitting an application;
- insufficient temperature of heating radiators due to the proper care of the owners for them. Old radiators must be replaced. If the temperature in the risers complies with the standards, and the batteries do not heat up due to blockages in them, the owner must resolve this issue on his own.
It is practically impossible to achieve a reduction in the amount in payments for heating in the presence of these circumstances.
If, with high-quality operation of heating equipment, the temperature in the apartment does not reach the set level, the consumer can demand a reduction in the amount of payment by making independent calculations.
There is no general formula for calculations, since in each individual case, both the low temperature of the devices and their complete shutdown are taken into account.
Calculations are made as follows:
Calculations for daytime and nighttime are made separately, since the standards for these periods are different.
Prove the fact of violation of standards can only be provided by providing official acts of temperature measurements made by an initiative group of residents or a special commission.
How do I get the service provider to recalculate?
Practice shows that service providers are in no hurry to reduce the amount in payments, and it is quite difficult to prove your own rightness in some cases... If the Criminal Code refuses to recalculate payments, it is necessary to obtain a written refusal from them.
Based on the received refusal paper, you should write a complaint to Rospotrebnadzor or the prosecutor's office.
As a rule, inspections initiated by these regulatory organizations help to sensitize the suppliers of housing and communal services.
To the controlling organization you need to submit an application describing the situation, attaching the refusal of utilities and the entire package of documents listed earlier.
If, after inspections by the regulatory authorities, a positive result could not be achieved, file a lawsuit.
Thus, the recalculation of payments for housing and communal services can be made at the request of the tenant and in the presence of the relevant supporting documents.
If you are confident that you are right, demand to reduce the amounts in the payment or issue a written refusal.
