How to deal with the payment of utilities when leaving on vacation or to the country. How to get utility bills recalculated

Have you ever received utility bills at the end of the month, but strongly 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 following 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 will have to forget about the money spent. Each tenant should know that recalculation is not only possible, it must be done, unless, 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, invoices come with the full amount of payment for heat. Why does the tenant have to additionally turn on the heater and then pay for the 100% released service? In this case, it is possible to recalculate utility bills.

Evidence base

Of course, first you need to prove that the service was really not provided to the extent that it should have been. In this case, it is necessary to find documents, concluded agreements, in which the regulatory parameters are indicated. Now we are placing thermometers around the apartment and inviting a specialist from the management company. He should not just sympathize, but draw up a protocol. Take a photo and attach it to the application. Now you can safely go to the "Energocenter". They must recalculate utility bills within a month, that is, the next receipt will come with the correct amount.

Water underheating

In principle, the procedure here is similar. 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 temperature of the water, compliance / non-compliance with the norm, as well as the probable cause of this phenomenon. The recalculation of utility bills will be done on the basis of this protocol and your application, so it is very important to collect the evidence base correctly. Try to remember exactly since when you noticed that services were not being delivered in full. The company will have to provide an official response, in which it will describe the reason, and also undertakes to transfer the overpayment to the current or next month.

Number of registered residents

Tariff rates for electricity and water are often based on these data. If tenants have left your apartment for a long time (the children left their parents), and the bills continue to come with the same tariffs, collect the documents and go to the company's office. The manager will help to draw up an application for the recalculation of utility bills, attach documents to it from the address desk, and next month data on the revision of payments for the entire specified period will come. Very often, people do not know about this and do not inform the municipal services about the registration / discharge of family members.

Legislation

Changes are possible both in the direction of decreasing and increasing the cost. The law on the recalculation of utility bills clearly describes all cases in which you can return the 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 not performed on time or were of inadequate quality. In addition to the temperature of the air and water, this includes garbage not removed on time. In principle, any service that you are dissatisfied with is a reason to contact the one who provides them. This is normal practice.

The recalculation of utility bills for 2017 is carried out under the following items: garbage disposal and water supply, sewerage and gas supply, water heating. Any basis must be documented, 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, and hardness.
Power supply is considered to be of high quality if the supplier complies with the established standards. If an electrical appliance that requires 220 W works at half power, then you need to check it for serviceability, and also measure the voltage in the network.
Gas supply is estimated based on the chemical composition of the mixture.
Heating is estimated 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 your rights. Even the slightest deviation from the norms allows you to require reconciliation.

Service interruption

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

No gas for more than 4 hours.
No electricity for more than 2 hours.
Lack of heating if the temperature in the apartment dropped to +8.
Stop cold or hot water supply for more than 8 hours per month or more than 4 hours once.

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 the current legislation, if the consumer was absent for more than five days, then he has the right to recalculate, with the exception of heating and gas supply services. Moreover, it is not at all difficult to prove this, it is enough just to provide a document confirming the period of absence and the reason. Utilities will accept any paper that can confirm your absence.

If you are going on a business trip, you will need to copy your travel certificate. When returning from vacation, provide an invoice from the hotel or a passport with border crossing marks. The fact of living in the country can be confirmed by a certificate from the administration of the garden partnership. The fact of treatment or study - the 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 the security organization that the accommodation was empty and was under surveillance.

We collect documents

You can take a sample application for the recalculation of utility bills at the office of the company you are applying to. But below we consider 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, a public utility worker himself can assure them if he is shown the original.

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

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

Features of the procedure

If individual meters are installed in the apartment, then you don’t have to worry much. Anyway, you will pay exactly as much as you spent. If you have firmly decided to apply for the recalculation of utility bills in the event of a temporary absence 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 utility services, for which you have a whole month. Applications and related documents are submitted directly to the management company, after which they will be considered, and the tenant will be notified of the decision.

Recalculation for the time of serving the sentence

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

How to make your request: sample

An application for the recalculation of utility bills is drawn up in a free form. By default, the recipient is indicated in the cap, that is, the head of the institution. In addition, here you need to enter your data and contact phone number. Below is the title "Statement", and after that 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.

Claim for recalculation

Utility payments should be reviewed, but in some cases service providers do not want to spend 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, on hand should be copies of all documents handed over to public utilities. In addition, you will need to write an application.

State the data about yourself, full name, ownership of this apartment and on the basis of what it came. Then, in any form, describe the situation: what date you received the receipt, why the amount did not suit you, how you contacted the utility service and did not receive a response. You can refer to the law, from paragraph 1 of Article 157 of the RF LC, according to which the amount of payment is set according to the indicators of the instruments, as well as to a hundred. 32, which deals with consumer protection. Below, indicate your request to oblige the defendant to recalculate the use of utilities, excluding the illegally accrued amount of payment for utility bills.

Instead of a conclusion

Quite often in our lives we are faced with such a problem as the incorrect calculation of utility bills. This may be a one-time mistake or a regular calculation of an erroneous amount, due to the wrong 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 utilities made a mistake in the calculations. Today, the main cases in which such a procedure can be performed have been considered.

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

Most consumers had to deal with the problem of incorrect accrual of housing and communal services. Domestic legislation allows anyone who does not agree with the amount prescribed in the payment order to apply for a recalculation of housing and communal services.

What it is?

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Recalculation is understood as a repeated calculation of the amount payable for consumed utilities.

In the event of any errors or overlays, the management company or the service provider itself are obliged to compensate for the overpayment.

In what cases is it produced?

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

The absence of tenants in the apartment / house for a long time (such is considered five or more days). In the case of several people living in an apartment, the recalculation will be performed when each of them writes applications.
Poorly provided. For this, strong evidence must be provided, in particular, measurements carried out by specialists (water pressure, temperature, current strength, etc.).
Complete lack of services. The legislation establishes time limits during which services can be disabled. If in practice these terms are not met, then 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 Decree No. 354.

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

Recalculation of housing and communal services

Residents who are absent from the apartment / house for a period exceeding five days can write an application with a request to recalculate housing and communal services, but this can only be done if there are no meters installed in the premises.

Otherwise, the 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 collection, as well as the operation of the elevator. Before leaving the accommodation, it is advisable to notify the Criminal Code in advance, as well as submit the relevant documents (for example, tickets, hotel reservations).

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

By counters

If the room is equipped with metering devices, it will be possible to recalculate in the following cases:

In case of discrepancy between the indications provided by the consumer and those recorded as a result of the behavior of checking devices by representatives of the enterprise supplying services. As a result, it can be both increased and reduced.
When connecting to a network in violation of existing rules. In this case, the recalculation, which provides for an 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 check. Additional charges are made in accordance with the capacity of the pipes. If it is not possible to determine from what time the incorrect connection has taken place, an additional fee is charged for the three previous months.
When fixing the fact of interference in the functioning of accounting devices (for example, if 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 meters. However, the period for which additional accrual is made cannot be more than three months preceding the moment the violation is recorded.
In the event 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 temperature of hot water is too low). The consumer is also entitled to compensation for such violations.

The recalculation of water or gas meters can be initiated both directly by the consumer of services, and by representatives of suppliers of certain resources empowered to check.

Poor service delivery

You can get confirmation of the poor quality of the services provided only after the relevant measurements are taken by the experts.

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

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

The assessment of heating is made taking into account the pressure in the system, as well as the temperature in the room, which must comply with the established standards.

Where to apply?

An application can be submitted both to the management company, and directly to the organization that is responsible for providing housing and communal services. To find out the details by which you can apply, just study, all the necessary data are indicated there.

If there is a poor-quality provision of services, then it is allowed 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 recalculation is, since their main purpose is to provide evidence of this basis.

So, in case of a long absence, you should attach a certificate about in another locality, a certificate from the employer about sending on a business trip, receipts for paying for hotel accommodation, etc.

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

Submitting an application to the CC

Regulatory acts do not establish any clear format for an application for recalculation, so you can write it in a free form, while not forgetting to adhere to the general rules for the design of business documentation.

The application can be made by personal visit or by registered letter with notification.

Personal filing provides for the need to create 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 signature with a seal.

Terms of consideration of the appeal

Managing organizations carry out recalculations of payment 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 not an easy procedure, in which there are many subtleties and non-obvious points. In the article, we will collect all the necessary information that will help the management company to recalculate without errors, as well as correctly execute them.

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 house.

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 regulation governing the procedure for recalculating rent and utility bills, such a recalculation is possible in the following cases:

if no one lives in the apartment for a certain time or a smaller number of people live compared to the one for which the rent is calculated. It is important that long-term absences of tenants be documented;
if the family received a subsidy(in cases where the income per family member does not exceed the subsistence level), utility bills can 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 tap water or garbage not taken out on time.

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

The management company serving the apartment building cannot refuse to recalculate 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 the home, or no later than thirty days after his return. Failure to comply with this condition may be used by the managing organization as a legitimate reason for refusing to recalculate the payment.

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-apply.

Any grounds on which a recalculation of housing and communal 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 communal resources. 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 specified 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 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 does not pay utility bills on time or 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 papers necessary for recalculation will be quite enough here.

There are quite a few 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 papers, the 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 seal, date of issue and registration number. The only exception is for tickets. If the applicant brings a copy of the ticket, then it must be certified. The travel document may be electronic. In this case, the tenant should be required to provide a printout.

Some consumers attach documents written in a foreign language to the 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, 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 absence of residents must be certified. The consumer can bring both the original and a photocopy to the managing organization at the same time. In this case, the employee of the Criminal Code checks the papers and, in the absence of discrepancies, puts a mark on authenticity on the copies. The original is returned to the applicant.

The management company, when processing the documents attached to the application for recalculation of payment 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 whether the required information is fully disclosed in the documentation.

If a tenant applies for recalculation prior to their departure, an adjusted utility bill is generated while the tenant is away. When submitting papers after returning, 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 C during the day and 30 0 C 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 cleaning . Also, the pressure in the system must comply with the standards.
Electricity supply is considered to be of high quality if the supplier providing the apartments with electricity complies with the established current and voltage standards. The list of permissible deviations is fixed in the corresponding GOST.
Gas supply is considered to be of high quality if the supplied gas meets the established physical and chemical parameters: pressure in the range of 0.0012-0.003 MPa with a deviation from the norm not more than 0.0005 MPa.
Heating is considered to be of high quality if the temperature in the room reaches the set values.

Adjustment of the amount of payment for heating in a district heating system

We are talking 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 the 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 allows us to require the recalculation of housing and communal services.

Break in the supply of utilities is also the basis for reducing the amount of payment. A break is:

lack of 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);
lack of heating at a room temperature below +8 0 С (heat supply can be turned off for 16 hours if the temperature outside 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 per month or for four hours once;
stop hot water supply for the same period.

Any indicators exceeding the standard are considered interruption of services and are the basis for submitting an application for the recalculation of housing and communal services.

As an example, let's cite the situation that occurred in mid-March 2018 with the management company Zhilischnik Matushkino District (Zelenograd). A resident of one of the houses turned to the State Housing Inspectorate with a complaint about not enough hot water. During the inspection, the inspectors found that the water has a temperature of +37.4ºС, which is much lower than the established standard.

Under article 7.23 of the Code of Administrative Offenses 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. Moscow Region GZhI conducted a control check and found that the Criminal Code complied with the requirements for raising the water temperature and recalculating payments for residents down.

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. Contact should be maintained with tenants so that they, first of all, go with their problems to the Criminal Code. Establishing an interaction is not so difficult, for this you need:

regularly hold meetings with initiative representatives of residents;
support the institution of seniors at the entrance, with whom a constant connection is established;
Really respond to requests and try to solve problems in a timely manner.

In the case described, it is obvious that the managing organization did not perform its duties well enough. Firstly, she needed to respond in time to the messages of the residents about the drop in the temperature of hot water, which they probably received. With the deprivation of such an important communal resource, people immediately begin to look for solutions in all possible instances. Secondly, the recalculation of the Criminal Code should have been made without a reminder of the GZhI. 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. All instructions must be completed within the stipulated time. This will avoid accusations of malicious failure to fulfill duties and ignoring the requirements of the regulatory authority, which entails much more severe sanctions, up to license revocation.

When the recalculation of housing and communal services is made up or down

The amount of payment for housing and communal services is increased 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 expected:

cold water meter not delivered on time it may be a reason to charge residents for the period of using 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;
broken seals on the electricity meter, as well as gas, cold or hot water meters.

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

So, if a tenant "crashed" into the water supply bypassing the meter and without a work permit, he will be charged a certain amount for payment. 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 utility bills only by submitting an appropriate 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 to which the services must correspond is prescribed in the SanPiNs, the 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 the services were absent for longer than reported to the residents, 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 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	It is necessary to ask for a certificate from the personnel department on the eve of a business trip. The certificate must be signed by the director of the company. After the trip, the certificate is handed over to the accounting department
	Hotel bill and/or international passport with entry and exit stamps	Ask for an invoice with stamps and signatures at the hotel reception
	Certificate from the administration of the gardening partnership or holiday village, confirming the fact of residence 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 certify the fact of arrival) and on the day of departure
be treated	Certificate from a hospital or sanatorium	Ask for a certificate with a seal and signature from the head physician of the 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 is not 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 soldier, other owners live in the apartment, it is necessary to send them a certificate by mail. If a serviceman 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 agreement must be signed and stamped
Anywhere	1. Travel tickets, including electronic ones (provided that your name is indicated on them). 2. Certificate from the security company that the apartment was empty and was under constant surveillance

All documents can be submitted as certified copies. The public utility worker himself can certify the copy with his signature, but for 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 business days. The amount of the recalculation must be deducted from the payment for the next month. If this does not happen, the tenant may require 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 for heating. If the tenant has water and electricity meters installed, then only the gas fee is recalculated. Housing payments, for example, cleaning the common area, will also remain unchanged.

How is the recalculation of housing and communal services in case of temporary absence

For example, the owners leave the apartment 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 by meters.

Otherwise, the account of consumed services is still kept according to their testimony. Regardless of the presence of counters, only garbage collection and use of the elevator are recalculated.

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 CC is warned of the departure in advance. In this case, the utility employee will simply turn off and seal the water and gas in the apartment, and the tenants 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. To do this, the owners have a calendar month. We must not forget that the payment 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.

The accounting department must recalculate housing and communal services in proportion to the number of days for which the tenants 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. The 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 applied for the recalculation of housing and communal services did not submit documents certifying his absence, or if the papers provided cannot certify the absence of the tenant during the entire period declared by him, the Criminal Code calculates the rent for this period in full. In addition, if such a payment was delayed by the tenant, any measures may be applied to him, up to fines and penalties for the consequences of late or incomplete payment of utilities.

How is the recalculation of housing and communal services in connection with serving a sentence

If the tenant of housing under a social lease 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 apartment meters, the utility 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 common house needs is not recalculated. The stay of a person in places of deprivation of liberty is the same temporary absence, since the social lease 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 current repairs of the dwelling, which does not apply to utilities. If the tenant does not pay for housing or utilities for more than six months, the social lease agreement with him can be terminated in court.

If an application for the recalculation of housing and communal services is submitted before the start of the period of temporary absence, the contractor will perform such a 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 the recalculation of housing and communal services before the temporary departure, but did not submit documents that would confirm the duration of his absence (or the submitted papers do not certify the absence of the consumer during 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 utility services, which are provided for by part 14 of article 155 of the Housing Code of the Russian Federation.

It is obvious that an application for the recalculation of housing and communal services must always be submitted, but the most expensive services - heating and expenses for ODN - are not subject to recalculation. They will have to be paid in full. Recalculation is performed 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 release from the obligation to maintain the premises.

Is there a recalculation for utility services in 2019 in the event of a change of ownership

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

So, the recalculation of housing and communal services is carried out from the moment when the ownership right was registered, that is, all accruals for hiring are removed. This column is replaced by another - major repairs.

What are the features of the recalculation for unrendered 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 jet, water hardness, its transparency, chemical composition, color and amount of sediment.

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

The quality of power supply is assessed in terms of current and voltage. Poor supply can be manifested in the fact that electrical appliances do not work at full capacity or do not respond to the connection to the network.

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 the owners of the premises are only interested in the heat in their home. So, the following temperature standards are legally established:

+18-20 0 C for residential premises;
+18 0 С 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. Visually identify the shortcomings is possible only by the low rate of boiling water.

If the management company provides consumers with services whose quality 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.

Such an act, at the request of the tenants, is drawn up by the Criminal Code itself. Any tenant has every right to independently demand the preparation of this document. If the Criminal Code refuses to do so, 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. The act is signed by several people. In addition to the representative of the managing organization, it must be signed by the owner of the apartment. Often, representatives of the interests of residents, for example, seniors at the entrance, take part in the checks. 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 act as an application.

It happens that when checking, the Criminal Code 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 existing rules, the costs of the examination are borne by the one who performs the duties of providing public services, that is, the managing organization. However, this only works if there are real violations. If the experts do not find deviations from the norms, then the consumer must reimburse the UK 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 costs of attracting a specialized expert organization. The parties may agree on a re-inspection with the involvement of a representative of the GZhI, public defenders of consumer rights and other persons. Based on the results of the re-evaluation, the same act is drawn up, indicating in it 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 a recalculation are entered in the "recalculations" item of the receipt for payment of housing and communal services. It is worth noting that the rent can be reduced only on the basis of address information, which is brought every month by the dispatchers of the district services of the Criminal Code.

Expert opinion

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

Marina Belyaeva,

lawyer specializing in housing and communal services

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

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

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

If the Criminal Code finds that the tenant has unauthorizedly interfered with the operation of a common house or individual meter, which is installed in a residential or non-residential building, and distorted its readings, it 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 communal resource.

To calculate it, it is necessary to multiply the capacity of the resource-consuming equipment (and in the case of water supply and sanitation, the throughput of the pipe) by its round-the-clock operation. The recalculation is made for the entire period from the date of illegal interference in the operation of the meter. It is indicated in the act of checking the condition of the meter, which is drawn up by the contractor and the resource supply organization. Recalculation stops at the time of elimination of such interference.

If it is impossible to determine exactly when an illegal connection to the meter was made or interference in its operation, then the additional charge is made from the date of the last check of the meter by the contractor, but not more than six months before the month in which an unauthorized connection or interference in the operation of the meter was detected.

Is there a recalculation of housing and communal 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 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 not to pay for these premises and not pay for utility services. 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 recalculation of housing and communal services for the period of temporary absence (performed in the manner established by the Government of the Russian Federation).

Thus, tenants must pay for the apartment from the date of entry into the inheritance, that is, from the date of death of the testator.

Recalculation of housing and communal services on examples

Example 1

The owner left the apartment on December 25, 2016 (after 02:00 local time), and returned on January 08, 2017 (before 22:00 local time).

Recalculation for certain housing and communal services in this case will be made for the period from 12/26/2016 to 01/07/2017 inclusive, that is, for 13 days of absence.

Example 2

The tenant was not at home between 01/15/2017 and 01/31/2017.

In order to receive a recalculation of housing and communal services for this period, before 02/03/2017, he applied to the public utility and submitted only boarding passes. He will be denied recalculation, because he did not submit an act of inspection of the apartment, confirming that there is no technical possibility of installing meters in it.

Example 3

The tenant was not at home between 01/05/2017 and 01/15/2017.

In order to receive a recalculation of housing and communal services for this period, the owner must apply to the public utility before February 14, 2017. He must submit to the public utilities a document confirming the fact of his absence, as well as an act of inspection of the apartment, confirming that there is no technical possibility in it counter installations.

Example 4

Recalculation of housing and communal 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. Recalculation amount: (0.15% × 24 hours × 31 days) × 4 0 C × 801.90 rubles. \u003d 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 3579.68 rubles.

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 the recalculation of housing and communal services should be provided for this period too (paragraph 61 of the Rules). The duration of the lack of hot water was: 62 days × 24 hours = 1488 hours.

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

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

Attached files

Requirement to make an additional charge.rtf
The act of unauthorized interference in the work of IPU.rtf
ACT on the provision of utility services for heating of inadequate quality.doc

16.03.16 186 488 0

Recalculation of housing and communal services

How not to pay for electricity, water and gas if you do not 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 certificate confirming that it is technically impossible to install meters in your housing - clause 92 of the RF PP 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, contact your Managing Organization.

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

Some leave for many months: they serve in the army, study in another city, spend the winter in Thailand. There are people who do not get out of business trips. It happens that in the summer the whole family goes to the country. And when they return, they are greeted by utility bills. You did not use gas, water and sewer, but you are asked to pay. Disorder.

Katerina Kachalina

journalist

If you leave the apartment for more than five days, then by law you should not pay for “downtime”. But the management company does not know about your departure. Let her know and they will recalculate the payments for you. To do this, take the application and documents to the management company that will confirm that you were not in the apartment.

There are two options in the law: you can report your departure in advance or upon your return. It's awkward to talk ahead of time. No one wants to once again announce that the apartment is empty. Therefore, it is better to use the second option - to come to the management company within 30 days of arrival.

Recalculation will be done only 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 at the MFC, it's not as difficult as it seems.

We find out the management company or HOA

A receipt for payment of services will help you identify your service organization. The name of the company is indicated in the column "Name of the payee". Sometimes the address and phone number are also indicated there:

For more information, visit the Housing Reform website. Click on the link "Find your manager" and enter the name of the service organization into the search bar. This way you will find out the address of the company, the website, the name of the head and even the rating, which is made up of financial stability, transparency, efficiency and reputation:

Be sure to check the days and hours of reception by phone. Many firms allocate only a couple of hours a week for 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 the template and enter the dates and list of documents by hand. To save the sample to your computer, on the status bar (below the title), select File → Download as → Microsoft Word. 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, return money for heating and save 32 thousand a year on housing and communal services.

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We prepare documents

Now attach evidence. One or two documents will suffice. Check out the table:

Where did you go	Which document	How to get a
On a business trip	Travel certificate	Please check with Human Resources before you travel. Get a certificate and sign it from the head of the organization. Then the certificate will need to be handed over to the accounting department, so do not delay the appeal
On vacation	Hotel bill and/or international passport with stamps of entry and exit to another country	Ask for the bill at the hotel reception. Check if the stamps and signature are worth it
To the cottage	Certificate from the administration of the garden village or garden partnership that you lived in the country	Take a certificate from the head of administration. Come twice - on the day of arrival (so that the administration makes sure that you are in the country) and on the day of departure
be treated	Certificate from a hospital or sanatorium	Ask for a certificate from the head of the hospital or sanatorium. Check if the stamps and signature are worth it
To 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 are not expelled and still do not live at the 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 the apartment has owners besides you, send them a certificate by mail. If you are the sole owner of the apartment, 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 stamped
Anywhere	1. Travel tickets, including electronic tickets (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 a

Please check with Human Resources before you travel. Get a certificate and sign it from the head of the organization. Then the certificate will need to be handed over to the accounting department, so do not delay the appeal.

Where did you go

Which document

Hotel bill and/or international passport with stamps of entry and exit to another country

How to get a

Ask for the bill at the hotel reception. Check if the stamps and signature are worth it.

Where did you go

Which document

Certificate from the administration of the garden village or garden partnership that you lived in the country

How to get a

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

Where did you go

be treated

Which document

Certificate from a hospital or sanatorium

How to get a

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

Where did you go