What to do with paying utility bills when going on vacation or to the country. How to achieve recalculation of utility bills

Has it ever happened to you that you received utility bills at the end of the month, but you categorically disagree with the amounts indicated on them? Probably yes. In this case, you have two options: pay everything as is and hope that in the next months the amount paid will come out as an overpayment. But in most cases, no one will look for a mistake, so if you don’t take care of yourself, you’ll have to forget about the money you spent. Every tenant should know that recalculation is not only possible, it is required to be done, if, of course, there are grounds for this.

If the services were not provided in full

A familiar situation: with the onset of cold weather, the management company is in no hurry to turn on the heating, and then for a long time the pipes are maintained only in a slightly warm state. At the same time, bills arrive with the full amount of payment for heat. Why should the tenant additionally turn on the heater and then pay for 100% of the provided service? In this case, it is possible to recalculate utility bills.

Evidence base

Of course, you first need to prove that the service was not really provided to the extent that it should have been. In this case, it is necessary to find documents, concluded agreements, which indicate regulatory parameters. Now we place thermometers around the apartment and invite a specialist from the management company. He must not only sympathize, but draw up a protocol. Take photos and attach them to your application. Now you can safely go to the Energy Center. They must recalculate utility bills within a month, that is, the next receipt will arrive with the correct amount.

Water underheating

In principle, the procedure is similar here. First of all, you need to call a locksmith from the management company. He will conduct an inspection and draw up a protocol in which he will indicate the water temperature, compliance/non-compliance with the standard, as well as the probable cause of this phenomenon. Recalculation of utility bills will be done on the basis of this protocol and your application, so it is very important to correctly collect the evidence base. Try to remember exactly when you noticed that services were not being provided in full. The company will have to provide an official response in which it will describe the reason, and also undertake to transfer the overpayment to the current or next month.

Number of registered residents

Tariff rates for electricity and water are often based on this data. If the tenants have left your apartment a long time ago (the children have left their parents), and bills continue to arrive at the same rates, collect the documents and go to the company’s office. The manager will help you draw up an application for recalculation of utility bills, attach documents from the address table to it, and the next month you will receive data on the revision of payments for the entire specified period. Very often people do not know about this and do not report to public utilities about the registration/discharge of family members.

Legislation

Changes are possible either in the direction of decreasing or increasing the cost. The Law on Recalculation of Utility Payments clearly describes all cases in which you can return an overpaid amount or, conversely, pay off your debt:

If no one lives in the apartment for some time. In this case, it is important that the absence is documented.
If the family income is less than the subsistence level. In this case, the payment cannot be more than 6% of this amount.
If the services were performed late or were of poor quality. In addition to air and water temperature, this can include garbage that was not removed on time. Basically, any service you are unhappy with is a reason to contact the person who provides it. This is normal practice.

Recalculation of utility bills for 2017 is carried out according to the following items: garbage removal and water supply, sewerage and gas supply, water heating. Any basis must be supported by documents, otherwise no one will take the application into account.

Norms and standards

For each type of service there are indicators:

For example, the norm is accepted if hot water during the day has a temperature of at least 60 degrees. From midnight to 05:00 this figure drops to 30 degrees. This is the norm if the consumer has no complaints about color, smell, or hardness.
Electricity supply is considered to be of high quality if the supplier complies with established standards. If an electrical appliance requiring 220 W operates at half power, then it is necessary to check its serviceability and also measure the voltage in the network.
Gas supply is assessed based on the chemical composition of the mixture.
Heating is assessed by the air temperature in the apartment. In living rooms it should be at least +18-20 degrees, and in the bathroom - up to +25 degrees.

Don't forget about your rights. Even the most insignificant deviation from the norms allows you to require reconciliation.

Break in the provision of services

From time to time, accidents and preventative repairs occur, during which electricity or water are turned off. Of course, most often this is a necessary measure, but residents are not obliged to pay for services that they did not receive; there were even good reasons for this. If utility companies in this case claim the opposite, then you can file a claim for recalculation of utility bills. But you need to understand what is considered a break:

No gas for more than 4 hours.
No power for more than 2 hours.
No heating if the temperature in the apartment drops to +8.
Stopping cold or hot water supply for more than 8 hours per month or more than 4 hours at a time.

Recalculation of utility bills in the absence of tenants

A very popular topic. If you have been away for a long time, then, of course, you want to save on utility bills. According to current legislation, if a consumer has been absent for more than five days, he has the right to a recalculation, with the exception of heating and gas supply services. Moreover, it is not at all difficult to prove this; it is enough to simply provide a document confirming the duration of absence and the reason. Utility workers will accept any paper that can confirm your absence.

If you are going on a business trip, you will need to copy your travel document. When returning from vacation, provide a hotel bill or a passport with border crossing stamps. The fact of residence at the dacha can be confirmed by a certificate from the administration of the gardening partnership. The fact of treatment or study - with relevant documents from the institution. In general, a person is free to go anywhere, even without a final destination. To confirm your absence from home, in this case you will need to provide travel tickets and a certificate from a security organization stating that the housing was empty and was under surveillance.

Collecting documents

You can obtain a sample application for recalculation of utility bills at the office of the company you are contacting. But below we will look at the main points that need to be noted. So, you must collect certificates, protocols and expert opinions, signatures of neighbors, and provide all this to confirm your right to recalculate payments. All papers can be submitted as certified copies. Moreover, the utility worker himself can certify them if he is shown the original.

Employees tend to take a long time to consider an application for recalculation of utility bills. In fact, both review and withdrawal of the final amount take no more than five working days. In this case, the amount will simply be adjusted on the next payment receipt and you will not have to go back several times. If this does not happen, then the person has the right to demand written justification.

I would like to note once again that recalculation of utility bills in the temporary absence of residents is provided for any services except heating. If you have water and electricity meters, then there will be no consumption, and only gas is subject to recalculation. Housing payments, such as cleaning the entrance, will also remain unchanged.

Features of the procedure

If the apartment has individual meters installed, then you don’t have to worry too much. You will still pay exactly what you spent. If you are determined to apply for a recalculation of utility bills if you are temporarily absent from the apartment, then notify the management company in advance. Ideally, on the day of departure, an employee of the management company will come and turn off the water and gas, so that there are no unnecessary questions later.

Unfortunately, no one does this. Therefore, upon arrival, you can request a recalculation of housing and communal services, for which you have a whole month. Applications and related documents are submitted directly to the management company, after which they will be reviewed, and the tenant will be notified of the decision made.

Recalculation for the period of serving the sentence

If the tenant is temporarily absent, this does not change his rights and obligations under the contract. A person’s stay in places of deprivation of liberty is the same temporary absence. The tenant is still obliged to pay for the maintenance and ongoing repairs of the residential premises, which does not apply to utilities. If he does not pay for more than 6 months, the company can recover it through legal action. If a person has not returned within six months, then he can apply for recalculation later, but it will only be made for a period of six months. At the same time, bills for heating and single living expenses will remain the same, since the fact of being in prison does not eliminate the need to maintain the premises.

How to submit your request: sample

The application for recalculation of utility bills is drawn up in free form. As a standard, the cap indicates the recipient, that is, the head of the institution. In addition, here you need to enter your details and contact phone number. Below is the heading “Statement”, and then you begin to state the essence of your problem:

“I ask you to recalculate the payment for hot water supply, cold water supply, sewerage, heating for......, in connection with.....”. Application on... sheets.

You must respond in writing within 10 days.

Statement of claim for recalculation

Utility payments should be revised, but in some cases service providers do not want to waste time on recalculations and refuse to consider applications. In this case, you have every right to sue. There is nothing wrong with this, you just need to collect evidence. That is, you must have copies of all documents handed over to public utilities. In addition, you will need to write an application.

Provide information about yourself, full name, ownership of this apartment and on what basis it came into existence. Then, in any form, describe the situation: what date you received the receipt, why you were not satisfied with the amount, how you contacted the utility service and did not receive an answer. You can refer to the law, from clause 1 of Article 157 of the Housing Code of the Russian Federation, according to which the amount of payment is set according to the indicators of the devices, as well as per hundred. 32, which talks about consumer protection. Below, indicate your request to oblige the defendant to recalculate for the use of utility services, excluding the illegally accrued amount of payment for utility bills.

Instead of a conclusion

Quite often in our lives we come across such a problem as incorrect calculation of utility bills. This may be a one-time error or regular calculation of an erroneous amount, due to an incorrect choice of tariff or for other reasons. But the law of the Russian Federation provides for the possibility of recalculating payments if the owner of the apartment has good reason to believe that the utility company made an error in the calculations. Today we reviewed the main cases in which such a procedure can be performed.

If you are sure that receipts each time come with an erroneously calculated amount, and utility services do not want to pay attention to this, then collect the necessary papers, including the letters that you wrote asking to review the payment, and go to court. Today this is normal world practice: if the problem cannot be resolved in another way, then the citizen has the right to seek protection in court. Despite the apparent complexity, this procedure does not take much time. All you need to do is write a statement and attend the meeting on the appointed day or send your representative.

Most consumers have had to deal with the problem of incorrect housing and communal services billing. Domestic legislation allows anyone who does not agree with the amount specified in the payment slip to submit an application for recalculation of housing and communal services.

What it is?

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Recalculation means a repeated calculation of the amount payable for consumed utilities.

If any errors or discrepancies are identified, the management company or the service provider directly is obliged to compensate for the overpayment.

In what cases is it performed?

To find out in what cases the recalculation of utilities is carried out, you need to contact the government, which spells out the possible grounds:

Absence of residents from the apartment/house for a long time (this is considered five or more days). If several people live in an apartment, recalculation will be performed when each of them writes applications.
Poorly provided. To do this, strong evidence must be provided, in particular, measurements taken by specialists (water pressure, temperature, current, etc.).
Complete lack of services. The legislation establishes standards for the time during which services can be disconnected. If in practice these deadlines are not met, the consumer has the right to apply for recalculation.

The legislative framework

The key regulatory act on the basis of which recalculation for consumed utilities can be made in 2019 is Government Resolution No. 354.

It was adopted on May 6, 2011, and further changes were made to it in 2019. This resolution clearly states all possible grounds for recalculation, rules and features of this procedure.

Recalculation of housing and communal services

Residents who are absent from their apartment/house for a period exceeding five days can write a statement requesting a housing and communal services recalculation, but this can only be done if meters are not installed in the premises.

Otherwise, amounts payable will be determined in accordance with .

The list of services that can be recalculated according to the standard scheme does not include garbage removal or elevator operation. Before leaving your accommodation, it is advisable to notify the management company about this in advance, as well as submit the relevant documents (for example, tickets, hotel reservation).

Payment in full, regardless of whether residents were present in the house or not, is subject to heating services for the premises and its maintenance in proper condition.

By counters

If the premises are equipped with metering devices, recalculation can be made in the following cases:

If the readings provided by the consumer do not coincide with those recorded as a result of the conduct of checking the devices by representatives of the company providing the services. As a result, it can be either increased or decreased.
When connecting to a network in violation of existing rules. In this case, recalculation, which provides for additional payment by the consumer, is carried out on the basis of an act drawn up by the commission of the organization that performed the inspection. Additional charges are made in accordance with the pipe capacity. If it is impossible to determine from what time the incorrect connection occurred, an additional fee will be charged for the three previous months.
When recording the fact of interference in the functioning of accounting devices (for example, when seals are damaged). The recalculation is carried out from the time of installation of seals and devices that make it possible to determine the presence of outside interference in the operation of the meters. However, the period for which additional accrual is made cannot be more than three months preceding the moment the violation was recorded.
In case of long interruptions in the supply of services that exceed acceptable standards, as well as in the provision of services whose quality does not meet the necessary requirements (for example, when the hot water temperature is too low). The consumer also has the right to receive compensation for such violations.

Recalculation of water or gas meters can be initiated either directly by the consumer of services or by representatives of suppliers of certain resources authorized to verify.

Poor quality of service

Confirmation of the poor quality of the services provided can only be obtained after experts have taken appropriate measurements.

In particular, the assessment of the quality of cold water is determined by pressure force, chemical composition, appearance, hardness indicators, hot water - by temperature, which. In accordance with the standards, it should be within the range of 60-75 degrees.

When determining the quality of power supply, pay attention to current and voltage.

Heating is assessed taking into account the pressure in the system, as well as the temperature in the room, which must comply with established standards.

Where to go?

The application can be submitted either to the management company or directly to the organization that is responsible for the provision of housing and communal services. To find out the details by which you can contact, just study, all the necessary data is indicated there.

If there is poor-quality provision of services, then it is permissible to contact the Housing Inspectorate, as well as Rospotrebnadzor.

What documents are needed?

The list of documents that must accompany the sample application depends on what the basis for the recount is, since their main purpose is to provide evidence of this basis.

So, in case of long-term absence, you should attach a certificate about being in another locality, a certificate from the employer about going on a business trip, receipts for payment for hotel accommodation, etc.

If you want to confirm the low quality of the services provided, the main document will be the expert opinion.

Submitting an application to the Criminal Code

The regulations do not establish any clear format for the application for recalculation, so you can write it in free form, without forgetting to adhere to the general rules for preparing business documentation.

Submission of an application can be made by personal visit or by registered letter with notification.

Personal submission requires the creation of two copies of the application, one of which is given to an authorized employee of the organization, and the second is affixed with a registration number, as well as a stamped signature.

Terms for consideration of the application

Management organizations recalculate payments for housing and communal services on their own initiative, at the request of the residents of the serviced building or on the instructions of regulatory authorities. This is a difficult procedure, in which there are many subtleties and non-obvious points. In this article we will collect all the necessary information that will help the management company carry out recalculations without errors, as well as formalize them correctly.

Read in the article:

The same resolution sets out the requirements for the volume and quality of housing and communal services provided.

Procedural issues related to the recalculation of housing and communal services are the responsibility of the management company, HOA or housing cooperative, depending on the form of management chosen by the residents of the building.

When is it possible to recalculate utility bills 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.

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According to the regulations governing the procedure for recalculating rent and fees for housing and communal services, such recalculation is possible in the following cases:

if no one lives in the apartment for a certain time or fewer people live compared to what the rent is calculated for. It is important that long-term absence of residents be 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 may receive a refund for rusty tap water or garbage not removed on time.

Recalculation for housing and communal services is provided only for the following items: garbage removal, water supply and sewerage, gas supply, water heating. Heating and services of the housing office or HOA are always paid in the established amount.

The management company servicing an apartment building cannot refuse to carry out a recalculation if the applicant has the necessary grounds for it. 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 may be used by the management organization as a legitimate reason for refusing to recalculate payment.

After accepting the application, the management company has five working days to make a recalculation. The period of temporary absence of residents when writing an appeal should not be more than six months. If the management 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 housing and communal services services can be provided must be documented. Otherwise, you will not be able to get things moving.

For a management organization, any recalculation is a crucial moment that affects one of the main aspects of its work - settlements with consumers and suppliers of utility resources. That is why she must carefully study the documents presented. As already mentioned, in addition to the application from the tenant, it is necessary to obtain papers confirming the specified period of his absence. If such documents are not provided or they do not confirm the duration of absence specified in the application, then the management company has the right to charge fees for housing and communal services in full.

In such situations, conflict situations often arise between management companies and residents. If the owner of the apartment insists on the need for recalculation and pays utilities untimely or not in full, then in accordance with Part 14 of Article 155 of the Housing Code of the Russian Federation, he can be fined. Naturally, before this, the Criminal Code needs to prepare a clear justification for its position. Failure to submit the necessary papers for recalculation will be quite enough here.

There are quite a lot of situations that give the right to recalculate housing and communal services payments. This explains the variety of supporting documents that an applicant can bring to the Criminal Code. When checking these papers, specialists of the management company need to know that they must be signed by an authorized person of the issuing organization. In addition, there must be a stamp, date of issue and registration number. The only exception applies to travel tickets. If the applicant brings a copy of the ticket, 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 written in a foreign language to the application. The legislation does not oblige the management company to carry out translations of such papers and incur additional costs because of this. In this case, it is necessary to require the tenant to provide papers translated into Russian.

Copies of not only tickets, but also any other documents that confirm the duration of the residents’ absence must be certified. The consumer can bring both the original and a photocopy to the management organization at the same time. In this case, the management company employee checks the papers and, if there are no discrepancies, puts a mark of authenticity on the copy. The original is returned to the applicant.

When processing documents attached to an application for recalculation of payments for housing and communal services, the management company 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 generated during his absence. When submitting papers after returning, this is done in the next payment document.

For each type of housing and communal services, its own quality standards.

Water supply is considered to be of high quality if the hot water has a temperature of at least 60-70 0 C during the day and 30 0 C at night (from midnight to five in the morning), if the consumer has no complaints about hardness, color, or the content of reagents that are used at the filter station during cleaning . Also, the pressure in the system must meet the standards.
Electricity supply is considered to be of high quality if the supplier providing apartments with electricity complies with the established current and voltage standards. The list of permissible deviations is fixed in the relevant GOST.
Gas supply is considered to be of high quality if the supplied gas corresponds to 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 high quality if the room temperature reaches the set values.

Adjustment of the heating fee for a centralized heating system

We are talking specifically 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 to +18-20 0 C, in the bathroom - up to +25 0 C, in the kitchen - up to +18 0 C.

In corner rooms, two walls of which face the street, the temperature should not be below +20 0 C.

Even the most insignificant deviation from standard indicators allows you to require a recalculation of housing and communal services.

Break in the supply of utilities is also a basis for reducing payments. A break is considered:

absence of gas in the system for more than four hours for 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);
lack of heating when the room temperature is below +8 0 C (heat supply can be turned off for 16 hours if the temperature outside is +12 0 C, for 8 hours at +10 0 C and for 4 hours at +8 0 C);
stopping cold water supply for more than eight hours a month or for four hours once;
stopping hot water supply for the same period.

Any indicators exceeding the standard ones are considered an interruption of services and are grounds 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 “Zhilishchnik Matushkino District” (Zelenograd). A resident of one of the houses contacted the State Housing Inspectorate with a complaint about insufficiently hot water. During the inspection, inspectors found that the water had a temperature of +37.4ºС, which is significantly lower than the established standard.

Under Article 7.23 of the Code of Administrative Offenses of the Russian Federation, the management organization was fined 10,000 rubles, and its director – 1,000 rubles. In addition, she was ordered to recalculate for the provision of housing services of inadequate quality and eliminate the problem. The Moscow Housing Housing Inspectorate conducted a control check and found that the management company had complied with the requirements to increase the water temperature and recalculate payments for residents downwards.

Penalties in the described case are quite justified, since the management company itself must monitor the quality of the services provided and eliminate shortcomings in a timely manner. You should maintain contact with residents so that they, first of all, go to the management company with their problems. Establishing interaction is not so difficult, for this you need:

regularly hold meetings with proactive representatives of residents;
support the institution of senior residents 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 management organization did not perform its duties well enough. Firstly, she needed to respond in a timely manner to reports from residents about a drop in hot water temperature, which were probably received. When deprived of such an important communal resource, people immediately begin to look for solutions in all possible authorities. Secondly, the recalculation of the Criminal Code should have been made without a reminder from the State Housing Inspectorate. Due to the lack of initiative in carrying out work, which is mandatory for the management company, fines were imposed.

If residents have already called inspectors, then the management company needs to provide them with full assistance in conducting the examination, performing a control check and other activities. All instructions must be completed within the prescribed time frame. This will avoid accusations of malicious failure to fulfill duties and ignoring the requirements of the regulatory authority, which entails much more severe sanctions, including revocation of the license.

When housing and communal services are recalculated up or down

The amount of fees for housing and communal services is increasing at the initiative of utility services; 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 residents, which led to them being provided with more services than required:

cold water meter not verified on time may be a reason to charge residents for the period of use of such a meter according to the number of people living in the apartment, and not according to actual water consumption;
pipeline tie-in without prior permission;
damaged seals on the electric meter, as well as gas, cold or hot water meters.

To make such a recalculation of housing and communal services, utility services use special formulas.

So, if a tenant “crashed” into a water supply, bypassing the meter and without a work permit, he will be charged a certain amount to pay. 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 and communal services did not meet established standards, or if there were no services at all.

The quality that services must comply with is prescribed in Sanitary Regulations, rules for the provision of housing and communal services and contracts concluded between the consumer and the service provider. Interruptions in gas, electricity and water supply are not allowed, except for specifically established periods. If services were unavailable longer than reported to residents, you can request a recalculation for this housing and communal services service.

Interruptions associated with accidents, natural disasters and other emergencies are not a reason to reduce rent.

How to request a recalculation for housing and communal services to the owner

To receive a recalculation of housing and communal 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 identification from the HR department on the eve of your business trip. The certificate must be signed by the director of the company. After the business trip, the certificate is submitted to the accounting department
	Hotel invoice and/or international passport with marks of entry into and exit from another country	Ask for an invoice with stamps and signatures at the hotel reception
	Certificate from the administration of a gardening partnership or dacha village confirming the fact of residence at the dacha	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
Get treatment	Certificate from a hospital or sanatorium	Ask for a certificate with a stamp and signature from the head doctor of the hospital or sanatorium
	Certificate from the dean's office (every six months)	Order a certificate from the dean's office. Every semester a new certificate is required proving that the person has not been expelled and still does not live at his 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 military personnel, other owners live in the apartment, you must send them a certificate by mail. If a serviceman owns an apartment solely, he will be able to recalculate housing and communal services only independently upon his return
Rent a house in another city	Temporary registration certificate/housing rental agreement	Temporary registration is provided by the FMS. The rental agreement must be signed and stamped
Anywhere	1. Travel tickets, including electronic ones (provided your name is indicated on them). 2. Certificate from a security organization stating that the apartment was empty and was under constant surveillance

All documents can be submitted as certified copies. The utility worker himself can certify the copy with his signature, but to do this he needs to see the original document.

Consideration of the 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 payment. If this does not happen, the tenant may request a written explanation of the reasons for the refusal. The days of arrival and return are not taken into account: if the tenant left on September 1 and returned on October 1, the rent is recalculated for 29 days.

Recalculation of housing and communal services is provided for any services except heating. If the tenant has water and electricity meters installed, then only the gas fee is recalculated. Housing payments, for example, cleaning of common areas, will also remain unchanged.

How housing and communal services are recalculated during temporary absence

For example, owners leave the apartment for longer than five calendar days. In this case, they have the right to recalculate housing and communal 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 taken into account according to meters.

Otherwise, records of consumed services are still kept according to their indications. Regardless of the availability of meters, only garbage collection and elevator use are counted.

So, if the owners left the apartment to go on vacation or go to the hospital, they need to notify the management company about this. Along with the application, you must submit documents certifying the fact of absence. Ideally, the management company is warned about departure in advance. In this case, a utility employee 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 management company in advance, residents can request a recalculation of housing and communal services upon arrival. To do this, the owners have a calendar month. We must not forget that fees for house maintenance and heating services will remain unchanged.

The application and documents certifying the departure of residents are submitted directly to the management company, HOA or housing cooperative.

Accounting 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 based on the number of complete days of absence minus the day of departure from the apartment and the day of arrival. Recalculation of housing and communal services must be completed within five working days after receiving a written application from the owner.

If the owner who submitted an application for recalculation of housing and communal services did not submit documents certifying his absence, or if the documents provided cannot certify the absence of the tenant during the entire period declared by him, the management company charges rent for this period in full. In addition, if such payment was delayed by the tenant, any measures may be applied to him, including fines and penalties for the consequences of late or incomplete payment of utility services.

How housing and communal services are recalculated in connection with serving a sentence

If a tenant under a social tenancy agreement or family members living with him are temporarily absent, their rights and obligations under the agreement do not change. If the consumer is absent for more than five calendar days, and the premises are not equipped with individual or general apartment meters, 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 a place of deprivation of liberty is the same as a temporary absence, since the social tenancy agreement does not terminate for this period. Such absence also does not serve as a basis for deregistration.

The tenant is still required to pay for the maintenance and ongoing repairs of the residential premises, which does not apply to utilities. If the tenant does not pay for housing or utilities for more than six months, the social tenancy agreement with him can be terminated in court.

If an application for recalculation of housing and communal services is submitted before the start 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. If after this period the consumer does not return, he can apply for recalculation for subsequent billing periods. In this case, the recalculation of housing and communal services is also carried out by the contractor for the period specified in the application, but not more than six months.

If the tenant submitted an application for 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 certify the consumer’s absence during the entire period or part of it), the executor 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 of the Russian Federation.

Obviously, an application for recalculation of housing and communal services must always be submitted, but the most expensive services - heating and costs for public utility services - are not subject to recalculation. They will have to be paid in full. Recalculation is performed only for other utilities. If a heat meter is installed, the fee is calculated based on its readings. The fact of being in prison does not relieve one from the obligation to maintain the premises.

Is there a recalculation for housing and communal services in 2019 in case of a change of ownership?

Article 154 of the Housing Code of the Russian Federation spells out the differences between the payment for an apartment, which a tenant uses under a social lease agreement or simply rent, from the payment for an apartment that was acquired as property through privatization.

Thus, the recalculation of housing and communal services is carried out from the moment when the property right was registered, that is, all rental charges are withdrawn. This column is replaced by another - major repairs.

What are the features of recalculation for unprovided 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. Thus, the quality of cold water supply is assessed by the pressure of the stream, water hardness, its transparency, chemical composition, color and amount of sediment.

Hot water supply is assessed by temperature - it should fluctuate in the range of 60-75 degrees. If the owner of a residential premises doubts that he is provided with high-quality water, he can contact the sanitary-epidemiological station or order an independent examination.

The quality of power supply is assessed by current and voltage indicators. Poor supply can manifest itself in electrical appliances not operating at full capacity or not responding when plugged in.

The quality of heating is assessed by system pressure, temperature in apartments, and the quality of the coolant. At the same time, it is obvious that property owners are only interested in warmth in their home. Thus, the following temperature standards are established by law:

+18-20 0 C for residential premises;
+18 0 C for kitchens;
+25 0 C for bathrooms;
+12 0 C for storerooms.

In the case of gas supply, the check covers the chemical composition of the blue fuel and the pressure in the system. The only way to visually identify deficiencies is by the low boiling rate of water.

If the management company provides consumers with services the quality of which leaves much to be desired, the tenant may request a recalculation of housing and communal services services. To do this, you just need to draw up an act stating that utility services were not provided at all or were provided of inadequate quality.

Such an act, at the request of the residents, is drawn up by the management company itself. Any tenant has every right to independently demand that this document be drawn up. If the Criminal Code refuses this, the owner can complain to the Housing Inspectorate.

When drawing up the report, the detected violation is described and the period during which it is not eliminated is indicated. The document receives a registration number and is dated. Several people sign the act. In addition to the representative of the management organization, it must bear the signature of the apartment owner. Often representatives of the interests of residents, for example, senior residents of the building, 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 management organization takes one for itself, the second remains for the tenant. We will provide a sample of the act as an appendix.

It happens that when checking, the Criminal Code discovers that there is no violation, for example, in the temperature of the water in the tap or the air in a heated room. However, the apartment owner 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 this right, but he needs to explain the procedure for paying for the work of experts. According to the existing rules, the costs of the examination are borne by the one who performs the duties of providing public services, that is, the management organization. However, this only works if there are real violations. If the experts do not find any deviations from the norms, then the consumer must reimburse the management company 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 expense of attracting a specialized expert organization. The parties may agree on a re-inspection with the involvement of a representative of the Housing Property Inspectorate, public consumer rights advocates and other persons. Based on the results of the re-evaluation, the same act is drawn up indicating the expanded number of participants.

Having drawn up the act, the management company sends it to the cash settlement center. It is he who performs the recalculation of housing and communal services. The results of such recalculation are entered in the “recalculation” paragraph of the receipt for payment for housing and communal services. 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 management company bring every month.

Expert opinion

Recalculation of housing and communal servicesfor failure to provide services requires measurements

Marina Belyaeva,

lawyer specializing in housing and communal services issues

If the apartment is not heated properly, that is, the air temperature in the room is below standard values, the tenant must file a complaint with the emergency dispatch service of the management company. At the specified time, an employee of the management company must come to the tenant to take measurements and draw up a report if the complaint is confirmed and the air temperature in the room is indeed lower than the established one.

After this, the management company must find out the reasons for the “underflow”, eliminate the problem, and then recalculate housing and communal services.

How housing and communal services are recalculated if violations are detected on the part of residents

If the management company discovers that a tenant has unauthorizedly interfered with the operation of a communal or individual meter installed in a residential or non-residential premises and distorted its readings, it will not use the readings of such a device when calculating the payment for utility services. In this case, recalculation will be performed based on the volume of the utility resource.

To calculate it, it is necessary to multiply the power of resource-consuming equipment (and in the case of water supply and sewerage, the throughput of the pipe) by its round-the-clock operation. Recalculation is carried out for the entire period from the date of illegal interference in the operation of the meter. It is indicated in the meter status check report, which is drawn up by the contractor and the resource supplying organization. Recalculation stops when such interference is eliminated.

If it is impossible to determine exactly when the illegal connection to the meter or interference with its operation was made, 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 the unauthorized connection or interference with the operation of the meter was detected.

Is there a recalculation of housing and communal services services in connection with the death of the owner?

The received inheritance is recognized as the property of the heir from the date of opening of the inheritance, regardless of the moment of its actual acceptance and state registration of the heir's right to the inherited property (if such a right is subject to state registration).

If owners, tenants or other persons do not use the premises, this is not a reason for not paying for these premises and not paying for housing and communal services. If citizens are temporarily absent, they must pay fees for certain types of services, which are calculated according to consumption standards.

They are also entitled to recalculation of housing and communal services for the period of temporary absence (done in the manner established by the Government of the Russian Federation).

Thus, residents must pay rent from the date of inheritance, that is, from the date of death of the testator.

Recalculation of housing and communal services using examples

Example 1.

The owner left the apartment on December 25, 2016 (after 2:00 a.m. local time), and returned on January 8, 2017 (before 10:00 p.m. local time).

In this case, recalculation for individual housing and communal 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 from 01/15/2017 to 01/31/2017.

In order to receive a recalculation of housing and communal services for this period, he submitted an application to the utility service before 02/03/2017 and submitted only boarding passes. He will be denied recalculation because he has not submitted an apartment inspection report confirming that it is not technically possible to install meters.

Example 3.

The tenant was not at home from 01/05/2017 to 01/15/2017.

In order to receive a recalculation of housing and communal services for this period, the owner must submit an application to the utility service before February 14, 2017. He must provide the utility company with a document confirming the fact of his absence, as well as an inspection report of the apartment confirming that it lacks technical capabilities installation of meters.

Example 4.

Recalculation of housing and communal services for heating when the temperature decreases. We pay 801.90 rubles for heating the apartment. monthly (according to consumption standards). In fact, the temperature in the apartment did not exceed +16 0 C during the month with a standard of +20 0 C. Recalculation amount: (0.15% × 24 hours × 31 days) × 4 0 C × 801.90 rubles. = 111.6% × 4 0 C × 801.90 rub. = 3579.68 rub. Thus, for the current month, instead of the owner paying monthly 801.90 rubles. the service provider must pay him RUB 3,579.68.

Example 5.

The permissible duration of a break in the supply of hot water is determined in accordance with Russian legislation (clause 10 of the Rules). But recalculation of housing and communal services must be provided for this period too (clause 61 of the Rules). The duration of the absence of hot water was: 62 days × 24 hours = 1488 hours.

1. The refund amount for hot water supply should be: RUB 303.06. (monthly fee) × 0.15% × 1488 hours = RUB 676.43

2. The refund amount for sewerage should be: 69.66 rubles. (monthly fee) × 0.15% × 1488 hours = RUB 155.48 The total refund amount should be: RUB 831.91.

Attached files

Request for additional payment.rtf
Act on unauthorized interference in the work of IPU.rtf
ACT on the provision of utility heating services of inadequate quality.doc

16.03.16 186 488 0

Recalculation of housing and communal services

How to avoid paying for electricity, water and gas if you don't use them

Important

From January 1, 2017, recalculation of housing and communal services in apartments without meters can be done only if you provide an inspection report confirming that it is technically impossible to install meters in your housing - clause 92 of the Russian Federation Regulations dated 05/06/2011 N 354.

You can get such a document if you live in dilapidated or dilapidated houses. Study the official criteria that establish when meters cannot be installed, but housing and communal services can be recalculated.

For an inspection report, please contact your Management Organization.

It happens that you are registered in an apartment, but temporarily live in another place.

Some leave for many months: serve in the army, study in another city, winter in Thailand. There are people who never get out of business trips. It happens that in the summer the whole family goes to the dacha. And when they return, they are greeted with utility bills. You did not use gas, water or sewer, but you are asked to pay. Disorder.

Katerina Kachalina

journalist

If you leave your apartment for more than five days, then by law you do not have to pay for downtime. But the management company does not know about your departure. Let her know and your payments will be recalculated. To do this, submit a statement and documents to the management company that will confirm that you were not in the apartment.

The law specifies two options: you can inform about departure in advance or upon return. It’s inconvenient to talk in advance. Nobody wants to announce once again that the apartment is empty. Therefore, it is better to use the second option - come to the management company within 30 days of arrival.

The recalculation will only be done if you are registered in the apartment. If you live in a rented apartment and the owners have not registered you, then the management company will not help you. Register with the MFC, it is not as difficult as it seems.

Finding out the management company or HOA

A receipt for payment for services will help you identify your service organization. The company name is indicated in the “Payee Name” column. Sometimes the address and telephone number are also indicated there:

For more detailed information, visit the Housing and Communal Services Reform website. Click on the “Find your manager” link and enter the name of the service organization into the search bar. This way you will find out the company’s address, website, name of the manager and even the rating, which consists of financial stability, transparency, efficiency and reputation:

Be sure to check the days and hours of reception by phone. Many companies devote only a couple of hours a week to this. Prepare in advance: print and sign the application, make copies of the necessary documents.

We are writing a statement

If you leave regularly, you can print out the template and enter the dates and list of documents by hand. To save the sample to your computer, select File → Download as → Microsoft Word in the status bar (under the title). Insert your data instead of the template ones, print the application and sign it by hand

Print it out and hang it in your entryway. We wrote useful instructions on how not to overpay for major repairs, get money back for heating and save 32 thousand a year on housing and communal services.

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Preparing documents

Now attach the evidence. One or two documents are enough. Check the table:

Where did you go	Which document	How to get
On a business trip	Travel certificate	Before going on a business trip, go to the HR department. Obtain a certificate and sign it from the head of the organization. Then the certificate will need to be submitted to the accounting department, so do not delay the application
On vacation	Hotel invoice and/or passport with entry and exit stamps to another country	Ask for an invoice at the hotel reception. Check if the stamps and signature are correct
To the dacha	Certificate from the administration of a garden village or garden association stating that you lived in the country	Get a certificate from the head of administration. Come twice - on the day of arrival (so that the administration makes sure that you are at the dacha) and on the day of departure
Get treatment	Certificate from a hospital or sanatorium	Ask the head of the hospital or sanatorium for a certificate. Check if the stamps and signature are correct
Study	Certificate from the dean's office (every 6 months)	Order a certificate from the dean's office. Every semester you need a new certificate - proof that you have not been expelled and still do not live at your place of registration
To Army	Certificate from the military unit at the place of service	Get a certificate from the commander of the military unit. If there are owners of the apartment besides you, send them a certificate by mail. If you own the apartment alone, do the recalculation yourself upon your return
Rent a house in another city	Certificate of temporary registration / rental agreement	Temporary registration is done by the FMS. The lease agreement must be certified by a seal
Anywhere	1. Travel tickets, including electronic ones (provided that your name is indicated on them). 2. Certificate from the security organization that the apartment was empty and was under continuous surveillance

Where did you go

On a business trip

Which document

Travel certificate

How to get

Before going on a business trip, go to the HR department. Obtain a certificate and sign it from the head of the organization. Then the certificate will need to be submitted to the accounting department, so do not delay the application.

Where did you go

Which document

Hotel invoice and/or passport with entry and exit stamps to another country

How to get

Ask for an invoice at the hotel reception. Check if the stamps and signature are correct.

Where did you go

Which document

Certificate from the administration of a garden village or garden association stating that you lived in the country

How to get

Get a certificate from the head of administration. Come twice - on the day of arrival (so that the administration makes sure that you are at the dacha) and on the day of departure.

Where did you go

Get treatment

Which document

Certificate from a hospital or sanatorium

How to get

Ask the head of the hospital or sanatorium for a certificate. Check if the stamps and signature are correct.

Where did you go