Recalculation for utilities according to the law. Reasons for reducing or increasing the amount of payment

Name Russian Federation
SOLUTION
Izhevsk Case N А71-11496/2011
November 21, 2011
The operative part of the decision was announced on November 15, 2011
The decision was made in full on November 21, 2011
Arbitration court Udmurt Republic composed of Judge E.A. Bushueva
when maintaining the protocol of the court session by the secretary Shishkina A.A.,
having examined the case in open court on the basis of an application
municipal institution<Городское жилищное управление - Управ-
a leading company in the housing and communal services of Izhevsk>,
to the Office Federal Service on supervision in the field of protection of rights
consumers and human well-being in the Udmurt Republic,
Izhevsk,
on challenging the decision to bring to administrative
responsibility,
the person concerned is the Prosecutor of the Leninsky district of Izhevsk,
with the participation in the meeting of the applicant's representative - Cherepanova Yew.AND. By
power of attorney dated 29.09.2011, the defendant's representative - Svetlakova Oh.L.
by proxy dated 22.08.11, the representative of the prosecutor - Vedernikova E.V.
according to certificate N 092226,
SET UP:
Applicant - Municipal institution<ГЖУ - Управляющая ком-
pania in the housing and communal services of the city of Izhevsk> turned to Ar-
bitrazh court of the Udmurt Republic with a statement on the recognition of
equestrian and the abolition of the decision of the Office of Rospotrebnadzor on Ud-
Republic of Murtia dated September 21, 2011 N 1120, by which the applicant attracted
chen to administrative responsibility, provided for in Article 14.7
Code of the Russian Federation on Administrative Offenses.
In support of the stated claim, the applicant indicated that he
made a payment adjustment for public utilities owners and
tenants of an apartment building (MKD) on the street. settlement machine builders,
112 at the time of the transition of the house to the newly elected managing organization
zation on communal services for 2007. Pla-size adjustment
2
you for communal services for personal accounts for tenants and your own
MKD whisks are manufactured by UIA<РИЦ>. At the same time, the period of cor-
rectification, as provided for in paragraph 19 of the Rules for the provision of communal
services to citizens, approved. Government Decree N 307 dated
05/23/2006, the applicant was not observed, however, this does not violate the rights and
interests of citizens related to the payment of housing and communal services.
In itself, issuing receipts (bills) to citizens to pay for
municipal services, the rights (interests) of the inhabitants of this house should not be violated
Maybe. Issuing receipts (bills) to citizens for paying utility bills
services is only an offer to pay, and not the imposition of an unconditional
payment obligations. When issuing invoices to citizens for
paying utility bills<ГЖУ - Управляющая компания в жи-
personal and communal services of Izhevsk> did not calculate the residents,
as indicated by the administrative authority, since evidence that
the amount of the adjustment is presented incorrectly, not presented. Not pre-
there is also evidence that from the residents of the MKD on the street. settlement Ma-
tire builders, 112 applicants collected more Money, how
provided for by law.
The administrative body did not recognize the stated requirement on the basis of
the opinions set out in the written review.
The representative of the prosecutor supported the arguments of the defendant.
It follows from the materials of the case that the Prosecutor's Office of the Leninsky District
Izhevsk city<Городское жилищное

Izhevsk> at the request of an authorized representative of the house 112, pos.
Machine builders, Izhevsk Maksimova V.V. on violation of the law
telstva in the calculation of fees for housing and communal services.
During the audit, it was found that between the owners of the residential building
ma N 112 pos. Machine builders and MU<ГЖУ - Управляющая компания в
housing and communal services of the city of Izhevsk> a management agreement was concluded
resolution N 231/1.1 of February 15, 2006. In accordance with paragraph 2.1.4 of the contract
the management company undertakes to organize the acceptance of payments for
utilities, organization of accrual of payment for utilities
services, as well as organize the accrual of subsidies and benefits for payment
services for the maintenance and repair of residential premises, utilities in
in accordance with applicable law.
MU<ГЖУ - Управляющая компания в жилищно-коммунальном хо-
economy of Izhevsk> presented invoices for payment of housing
utilities for residents of the house 112 pos. Machine builders of Izhevsk
ska, for June 2011, which indicate the amount of the adjustment of the fee for
utilities in the amount of 194434.84 rubles, including payment for hot-
whose water supply for the period from 01.01.2007 to 12.31.2007 in the amount of 51489.47
rub., the amount of adjustment of payment for heating for the period from 01.01.2007 to
December 31, 2007 in the amount of 18584.87 rubles, the amount of the adjustment of the payment for refrigeration
water supply from 01/01/2007 to 12/31/2009 in the amount of 112,185.39 rubles. And
3
the amount of adjustment of payment for water disposal for the period from 01.01.2007 to
December 31, 2007 in the amount of 12175.84 rubles.
Due to the fact that the presentation of adjustments for 2007, the course of the legislative
is not provided for by the legislation, is aimed at introducing consumers into
delusion regarding the actual cost of services, by the Prosecutor's Office Le-
ninsky district of Izhevsk on August 23, 2011, a decision was made to initiate
case of administrative offense provided for by
tei 14.7 of the Code of Administrative Offenses of the Russian Federation<Обман потребителей>. Verification materials transferred
to the Office of Rospotrebnadzor for the Udmurt Republic, to the subordinate
whose importance is the consideration of cases on administrative
offenses provided for in Article 14.7 of the Code of Administrative Offenses of the Russian Federation.
September 21, 2011 by the Office of Rospotrebnadzor in the Udmurt
Decree N 1120 was issued to the Republic, according to which
MU<Городское жилищное управление - Управляющая компания в жи-
personal and communal services of Izhevsk> attracted to the administrative
liability under Article 14.7 of the Code of Administrative Offenses of the Russian Federation<Обман потребителей>from to-
laying down a fine in the amount of 12,000 RUB.
Having assessed the evidence presented in the case, the arbitral tribunal
came to the following conclusions.
By virtue of Article 14.7 of the Code of the Russian Federation on Administrative Offenses
yah measuring, weighing, shorting, misleading
consumer properties, quality of goods (work, services) or
other deception of consumers, with the exception of cases provided for in part a-
article 14.33 of this Code, in organizations carrying out
sale of goods that perform work or provide services for
village, as well as citizens registered as individuals
entrepreneurs in the field of trade (services), as well as citizens,
working for individual entrepreneurs, - entails the imposition
an administrative fine on citizens in the amount of one thousand to two
thousand rubles; on officials- from one thousand to two thousand rubles -
lei; on legal entities- from ten thousand to twenty thousand rubles.
According to the rules of Part 4 of Art. 154 of the Housing Code of the Russian Federation payment for utilities
services include payment for cold and hot water supply,
water disposal, electricity supply, gas supply, heating, including
electricity places common use. The amount of utility bills
services provided for in Part 4 of Art. 154 LC RF, calculated according to tariffs,
established by the state authorities of the subjects of the Russian
Federations, bodies local government in the manner prescribed
federal law.
Part 1 of Article 157 of the Housing Code of the Russian Federation establishes that the size
utility bills are calculated based on the volume of consumption
communal services determined by the readings of metering devices
that, and in their absence - based on the standards of utility consumption
services.
4
Rules for the provision of public services to citizens, ut-
approved by the Decree of the Government of the Russian Federation of May 23, 2006 N 307, us-
the procedure for calculating and paying utility bills has been established.
The amount of payment for electricity supply is calculated according to the tariffs established by
updated for resource supplying organizations in the manner determined
the legislation of the Russian Federation.
If the executor is a managing organization, then
calculation of the amount of payment for utilities, as well as the purchase of
executor electrical energy, gas are carried out at tariffs, is-
used to calculate the amount of payment for public utilities civil a-
us (Housing Code of the Russian Federation, Federal Law of December 26, 2005 N 184-FZ
<О внесении изменений в Федеральный закон <Об основах регулирования
tariffs of organizations of the communal complex> and other legislative
acts>).
Paragraph 19 of the Rules establishes that in the absence of collective
(common house), common (apartment) and individual metering devices
the amount of payment for utilities in residential premises is determined by:
a) for heating - in accordance with subparagraph 1 of paragraph 1 of the appendix
N 2 to the Rules. At the same time, the contractor makes 1 time per year correction
adjustment of the amount of payment for heating in accordance with subparagraph 2 of paragraph
1 Appendix No. 2 to the Rules;
b) for cold water supply, hot water supply,
water disposal and power supply - in accordance with subparagraph 3 of paragraph
that 1 of Appendix No. 2 to the Rules, unless otherwise provided by the contract,
the consumer is considered to be temporarily residing in the residential premises during the
period, the duration and start date of which are indicated by the consumer
body in the notification sent to the contractor, and attributable to
temporarily resident consumer payment for utility services
calculated in proportion to the number of days lived. At the same time,
The contractor produces 1 time per quarter, and if it is provided for by the contract
rum - 1 time per year, adjusting the amount of fees for such utilities
meadows in accordance with subparagraph 4 of paragraph 1 of Appendix No. 2 to the Rules.
In accordance with paragraph 37 of the Rules, payment for utilities
is made on the basis of payment documents submitted by the executive
by the telecom no later than the 1st day of the month following the expired month, for
which is being paid. Paragraph 38 of the Rules determines that in the payment
in the document are indicated, among other things: an indication of the paid month,
name of paid utility services, values ​​of tariffs (prices)
for utilities, units of measurement of volumes (quantities) of commercial
municipal resources or allotted Wastewater. In the absence of a collection
active (general house) and (or) individual metering devices -
indicated by the contractor based on the standard of consumption of communal
services, total area premises (for heating) or the number of citizens,
registered in a residential area (for cold water supply,
5
hot water supply, sewerage, electricity and gas
supplies).
The case materials confirm and are not disputed by the applicant that
MU<Городское жилищное управление - Управляющая компания в жи-
public utility services of Izhevsk> presented invoices-receipts
to pay for housing and communal services to residents of the house 112 pos. Machine-
builders of Izhevsk, for June 2011, which indicate the amount of cor-
rectification of utility bills in the amount of 194,434.84 rubles. (cor-
rectification of payment for hot water supply for the period from 01.01.2007 to
12/31/2007, adjustment of heating payment for the period from 01/01/2007 to
31.12.2007, adjustment of payment for cold water supply from 01.01.2007
to 31.12.2009 and adjustment of payment for water disposal for the period from
01/01/2007 to 12/31/2007).
Presentation of the adjustment for 2007 is contrary to paragraph 19
Rules for the provision of public services to citizens, according to which
mu adjustment of the amount of payment for utilities is made 1
once a quarter, and if it is provided for by the contract - once a year, from which
it follows that the adjustment of the payment for 2007 could be made by the application
by the end of 2007 or the beginning of 2008, but not in 2011.
In accordance with Article 2.1 of the Code of the Russian Federation on Administrative Rights
in violations, an administrative offense is recognized as a counter-
rightful, guilty action (inaction) of a physical or legal
a person for whom this Code or the laws of the subjects of the Russian Federation
Federation of Administrative Offenses established by the administrative
strategic responsibility.
A legal entity is found guilty of committing an administrative
a positive offense if it is established that he had an interest
the opportunity to comply with the rules and regulations, for the violation of which I am
The current Code or the laws of the subject of the Russian Federation provide for
ren administrative responsibility, but this person was not accepted
You are doing everything in your power to comply with them.
The case file does not contain any evidence
those who claim that the applicant did not have the opportunity to comply with e-
housing legislation and rules for the provision of communal
services to citizens. Also do not contain case materials and evidence,
indicating what measures were taken by the applicant to
observance of the specified norms.
Thus, the presence in the actions of MU<Городское жилищное
management - Management company in housing and communal services
Izhevsk> composition of an administrative offense, provided for-
Article 14.7 of the Code of Administrative Offenses of the Russian Federation is proven.
For the committed violation of MU<Городское жилищное управление -
Management company in the housing and communal services of Izhevsk>
justifiably brought to administrative responsibility under article
6
14.7 of the Code of Administrative Offenses of the Russian Federation. The fine was imposed on the applicant within the sanction of Article
14.7 of the Code of Administrative Offenses of the Russian Federation in the amount of 12,000 rubles.
Violations of the procedure for bringing the applicant to administrative
responsibility in the consideration of the case was not established, including
formation of the initiation of proceedings on an administrative offense
issued in the absence of the applicant's legal representative, but in the presence of
evidence of his notification of the place and time of drawing up the resolution
nia; the case of an administrative offense was considered in the presence of
which evidence of notification of the person held liable about
place and time of the consideration of the case, in the presence of the representative of the applicant
la.
The decision was adopted by the defendant within his powers, pre-
stipulated by the article, part 1 of article 23.49 of the Code of Administrative Offenses of the Russian Federation. The contested
formation is rendered within the limitation period for bringing to administrative
strategic responsibility.
According to article 211 of the Arbitration Procedure Code of the Russian Federation, the arbitration court decides on
declaring illegal and on the annulment of the disputed decision, if, upon dis-
examination of the case establishes that the disputed decision or the procedure for its
adoption does not comply with the law, or there are no grounds for applying
bringing to administrative responsibility or applying a specific
measures of responsibility, or the disputed decision is taken by an authority or
by an official in excess of their powers.
The circumstances specified in the named norm when considering the case
the court did not establish, therefore, grounds for recognizing illegal
nym and cancellation of the disputed decision of the defendant is not available.
The applicant's arguments given in support of the stated claim
niya, rejected for the following reasons.
In accordance with the case file, house 112 in the village. machine builders
Izhevsk was under the control of MU<Городское жилищное управление
- Management company in the housing and communal services of Izhevsk>
until 01.07.2011 Disputed invoices-receipts were presented by the applicant to the consumer
fighters for June 2011, i.е. during the period of the applicant's management.
Controversial receipts presented to consumers for June 2011
in design are no different from the usual requirements for e-
beaters before invoices-receipts. Adjustment for 2007 they indicate
on the total amount together with adjustments for 2008-2009, along with
other public services.
On the back of invoices, receipts contain information that the corrected
the alignment was made in accordance with the requirements of the Rules for the Provision
public services to citizens, approved by the Decree of the Government
Russian Federation of May 23, 2006 N 307. At the same time, it is indicated that in case of not
payment of the specified debt will be charged interest, and MU<Город-

public utilities of Izhevsk> forced to go to court with
laying on the debtor of court costs.
7
Under these circumstances, having the above account-
receipt, the consumer is deprived of the opportunity to establish what amounts he
is obliged to pay in accordance with the requirements of the Rules, and what amounts he
not obliged to pay, tk. The rules specified costs are not providing for a-
ut. MU approval<Городское жилищное управление - Управляющая
company in the housing and communal services of Izhevsk>, which is controversial
bills - receipts do not violate the rights of citizens, but only contain pre-
The provision of voluntary payment is not true.
The administrative body justified the actions of the applicant
fictitious as cheating (or other deception) of the consumer. consumer effect
of the provisions of housing legislation must pay for the services of the
the updated price (tariffs), and the contractor to provide these services in accordance with t-
vii with current standards. Collection of adjustments for 2007
not provided by law. However, the applicant submitted
said amounts to be paid to consumers along with other payments, which
is illegal.
The actions of the applicant are aimed at misleading consumers
denial regarding the timing of adjustments for utilities
services and opportunities for their presentation, are designed to encourage consumers
pay the said amounts.
The applicant's reference to the lack of evidence that MU<Город-
skoe housing management - Management company in housing
public utilities of Izhevsk> collected more money,
than provided for by law, is rejected, since the composition
the offense provided for in Article 14.7 of the Code of Administrative Offenses of the Russian Federation is a form of
small and does not bind the prosecution according to the specified
tie with the onset of adverse consequences, causing material
al damage to consumers.
Application for challenging the decision in the case of administrative
nom offense state duty, according to Article. 208 APK
RF, not taxed.
Guided by articles 167-170, 211 of the Arbitration Procedure
Code of the Russian Federation, Arbitration Court of the Udmurt Republic
DECIDED:
Refuse to satisfy the application for recognition as illegal and for
less than the decision of the Office of Rospotrebnadzor for the Udmurt Republic
to the public dated 21.09.2011 N 1120 on the involvement of the Municipal Institution e-
nia<Городское жилищное управление - управляющая компания в жи-
public utilities of the city of Izhevsk> to the administrative
liability under Article 14.7 of the Code of the Russian Federation on Administrative
strative offences.
The decision can be appealed on appeal
to the Seventeenth Arbitration Court of Appeal within ten days from
the day of its acceptance (manufacturing in full) through the Arbitration Court
Udmurt Republic.

The supply of utilities to any apartment is carried out on the basis of an agreement concluded by the tenant with the resource supply company.

The same agreement and the legislation of the Russian Federation provide for cases in which it is possible to recalculate payment for.

What could be the reasons?

In order to apply for the recalculation of utilities, it is necessary to have weighty grounds specified in the resolution.

The basis for the recalculation may be a long-term absence of the tenant in the apartment for a period of 5 or more days. But such a basis will apply only if there is no metering device (meter).

Recalculation in this case does not apply to:

• heating;
• gas supply;
• community needs.

Recalculation due to absence is made in proportion to the number of days of absence, except for the day of departure and arrival.

The basis for the recalculation can serve as poor quality public services. Also service interruption may be the basis for recalculation.

There is no definite figure, it turns out that each service has its own limits on the duration of breaks, for which there is no recalculation.

Established duration for utilities:

Reasons for reducing or increasing the amount of payment

In the direction of increasing the payment for housing and communal services, recalculation occurs only if it is established that consumer metering devices are faulty and he thereby violated the terms of the contract.

An additional fee will be charged depending on the violation.

If, for example, the seal on the cold water meter was broken, then the water supply will be recalculated not according to the meter readings, but according to the norm of the regulations for each living person.

It also happens that some consumers manage to cut a pipe in front of the meter to save money, thereby deceiving the service provider. If such interference is detected by the executor-controller, then the fine will be calculated according to the pipe section.

This means that the water supply will be as if it was constantly flowing at a speed of 1.2 m / s through a pipe into which an unauthorized cut was made. Such a recalculation is highly unprofitable for the consumer, since multiply the fee by at least 10 times.

Before doing such fraud, you should think carefully about the consequences.

Downward recalculation occurs only in 3 cases:

• absence of a tenant for a long time;
• interruptions in the supply of services beyond the stipulated time;
• services of poor quality.

Poor quality or interruption of services

The quality of the services provided will be measured by experts, because it is not possible to make such measurements on your own.

Indicators by which water quality is determined:

For hot water, the temperature also matters, which, according to the norms, should be 60-75 degrees.

If you have doubts about the quality of water, then order an examination at the Sanitary and Epidemiological Station or from independent experts who will help restore justice in this matter.

There are also standards for energy supply, which are measured by the indicator:

• current strength;
• voltage.

If you feel that the devices do not work at full capacity or do not turn on at all, then it makes sense to order an examination for.

For heating heating quality, the following indicators are evaluated:

• system pressure;
• temperature in the rooms;
• impurities in the water.

Of all the indicators, the consumer is only interested in the heat in the apartment. To understand whether the heating supply norms are violated, you just need to compare the temperature in the rooms with the allowed minimum. In a residential area from 18-20 degrees, in the kitchen - 18 degrees, bathroom / bathroom - 25 degrees, in the pantry - 12 degrees.

Indicators for gas:

• system pressure;
• chemical composition.

The consumer can notice the quality only by the speed of boiling water.

Where to go for recalculation?

If necessary, recalculation for utilities you should contact the company that provides you with such services. Her details are easy to find out, because they are on the receipt, which comes every month.

The following scheme should be followed:

How to write an application for the recalculation of a communal apartment?

After arrival within 30 days an application is submitted for the recalculation of utility bills during the absence of tenants. In it in without fail the full name of all residents is indicated, the exact period of their absence (date of departure date of arrival), the reason for the recalculation, and the address are indicated.

Documents that prove the absence of citizens are also submitted to the application.

An application without documents can be submitted if you do this in advance, before leaving, and upon arrival you bring the necessary information.

The application itself is drawn up in writing, signed and dated in duplicate, in free form, indicating the reason.

Documents required for recalculation

Documents for the recalculation of utilities are provided in copies certified by the authority that issued them (with the exception of tickets).

To confirm the absence of a tenant, you will need:

In the event of poor service delivery, the consumer contact the dispatcher where the complaint is filed. After that, the company makes an examination and establishes the fact of non-compliance of the services provided.

After all procedures, the user is required to issue an act of work performed. This document is attached to the application.

If an examination was made by independent experts on their own, then they are supported by quality conclusion.

With, just an application is submitted.

Procedure for consideration of the application and its terms

After submitting an application due to absence, it is registered, a stamp of acceptance is placed on your copy.

Within 10 days the service provider is obliged to give a written answer in person or by mail to the address.

Claims and complaints regarding quality and interruptions in supply are recorded in the fact log, after which this fact is subject to verification. After that, a written answer is given with a solution to this issue.

Immediately, after receiving a complaint about the poor quality of services, the dispatcher agrees on the time and date. The act must be issued to the consumer no later than 3 days from the date of receipt of the expert opinion.

Receipt of overpaid funds in kind or transfer them to the following months.
Of course, the easiest way is for this plus to be transferred to the next months. This should be automatically taken into account by the supplier in the following month after the recalculation.

To get the money back, you will have to submit applications to both, and, if necessary, to the bank. Such a return will take a long time and it would be more profitable to leave the overpayment on the personal account.

Video: How to recalculate utility bills?

The video tells how to be citizens with utility bills in the summer, when many people leave their apartments on vacation to the country or abroad.

It explains how in this case it is possible to make a recalculation for the provided utilities and how you can confirm your absence from the place of residence.

Recalculation for utilities occurs on the basis of the adopted legislation. If the owner has metering devices, recalculation occurs automatically upon receipt of information about new data. In the absence of appliances during the temporary absence of the owner and all those living in the apartment, the recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because the owners pay in many cases not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings, where common house meters are installed, housing and communal services recalculates and the overpayment is returned to the consumer. There are adjustments in reverse side.

But the most common types of overpayments are private. The situation model is most often this: the owner of the apartment does not send meter readings. This happens both for objective reasons and for subjective ones.

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

The recalculation has a completely legal basis. In 2011, the government of the Russian Federation adopts the well-known Decree number 354. All sections of this legal act devoted to the rules for the provision of public services to the population.

In 2017, the next changes were adopted and it can be said how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources that provide various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

The guarantor of the relationship between the performer and the consumer is the state and laws. In accordance with Decree No. 354, all citizens have the right to recalculate utility bills. Therefore, in new edition the procedure for recalculation in different situations is described in detail.

What is included in Resolution No. 354

What is included:

• updated coefficients that determine the standards for drainage;
• the procedure for mounting measuring instruments has been worked out in detail;
• with the help of the Decree, the motive for installing the meter is strengthened;
• a simplified payment scheme for heating was introduced;
• since 2016, it has become optional to provide information from meters;
• in case of temporary absence of electricity or other service, payment for it is not charged;
• order of fulfillment of the above conditions.

A special place is determined by the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• non-receipt by the consumer of reliable information on the quality of services;
• terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

1. The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
2. Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
3. The recalculation is made only in case of submitting an application and providing documents that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

• a copy of the travel certificate with the attachment of travel documents;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• bills for staying in a hotel, rented apartment, hostel;
• a document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the absence of the consumer.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationship.

Perhaps everyone is familiar, because every month apartment owners receive relevant notifications. In the future, they either pay the bills on their own, or transfer them for payment to the tenants of the residential premises. Whatever the case, payment must be made.

However, situations often arise when the accrued amounts literally frighten the payers. They do not understand where such amounts could come from. For the purpose of litigation, service users have to contact management companies to check the charges and, if an error is found, recalculate.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

But the need for recalculation may occur in other situations. For example, in fact, one person lives in an apartment, and a large number of residents are indicated in the payment. Another option - in the apartment temporarily, and the communal apartment continues to come in the same size.

Foundations

So ask management company recalculation of the rent is available for the following reasons:

• services were not provided properly;
• services have not been provided for a long time;
• change in the form of ownership of a dwelling;
• receiving;
• absence for some time of tenants in the apartment.

The most common basis for recalculation is precisely the last point - the temporary absence of tenants in the apartment, however, it should be noted that even in this case, at least some money will have to be paid

“Reset” accounts will only be possible for the following services:

• gas supply;
• electricity;
• water supply;
• drainage;
• water heating;
• garbage removal.

Applying

If there is a reason to ask for a recalculation of the rent, you should proceed to the next step - writing an application to the management company. This procedure seems to be the most difficult for the owners, because they do not know what the approximate content of the text should be.

The following instruction will be of some help in this situation:

1. In the upper right corner, information is written to whom the application is assigned and from whom (for example, the head of the Comfortable Housing Management Company Alexander Sergeevich Pugachev (here the name of his managing organization and the full name of its head - exact information on this matter must be requested from the utilities themselves) from Lilia Ivanovna Ivanova, who lives at ... (applicant's data is displayed, respectively)).
2. Then, just below the middle of the line, the word “statement” is written. It begins with a capital letter, after this word a period is not put.
3. The text of the statement follows. It will look something like this: “I ask you to recalculate the amount of payment for housing and communal services (here you should specify for which services: gas supply, electricity, water supply, etc.) for the period from ... to ... (exact dates are indicated) ".
4. The reason for the request should then be stated. For example, "due to the fact that Ivanova Marina Sergeevna and Ivanov Sergey Alekseevich were temporarily absent from the occupied living quarters."
5. After that, you need to prove the correctness of your words. It will look like this: “The basis for the recalculation is the following document: ... (indicate the name of the document, according to which the absence of residents at the permanent place of residence during the indicated periods) is confirmed, attached to this application.”
6. And at the very end of the document, the date of the application is indicated and the signature of the applicant is affixed.

How is the recalculation of rent for previous months

But not everyone knows how the rent for previous months is recalculated, and, in general, for what period it is possible to return erroneously accrued funds. And it would not hurt to be aware of this, since public utilities often violate the rights of consumers, voicing unreliable information to them and thereby not returning the due amounts.

Maximum terms

Most often, utility companies violate consumer rights by recalculating only for the last six months / 3 months, etc. However, in reality, the statute of limitations 3 years. This means that the recalculation should be carried out for this period (of course, if there are documented grounds for this).

Backdating

Not everyone knows that service payers have the right to demand a refund retroactively. So, for example, if the family was entitled to benefits for paying utility bills, but they were not taken into account when making accruals on rent, then the owner has the right to request a recalculation for the last 3 months payment.

If it is supposed to recalculate retroactively due to the establishment of incorrect tariffs, then the statute of limitations will not be taken into account here: utilities will have to recalculate the amount of charges from the date of change of these same tariffs

Rights and regulations

Every citizen has his own rights and obligations and no one can interfere with them. However, utilities often contradict Russian Legislation. To be more aware of the rules for making recalculations, it does not hurt to study part 8 of the Decree of the Government of the Russian Federation “On the provision of public services to owners and users of premises in apartment buildings and residential buildings”.

So, according to him, if you do not live at the place of permanent residence for a period from 5 days, the owner or tenant of the residential premises has the right to ask his management company to perform a recalculation of housing and communal services for the period of absence. But this rule applies only to apartments in which metering devices are not installed due to the technical impossibility of doing this.

But they can refuse to recalculate the rent for previous months for the following reasons: the required meters are not installed in the apartment, although there is a technical possibility for this, or if the metering devices installed in the living room are out of order.

It should be noted that not all utility services can be recalculated. So, for example, payment for common house needs will still be made at the usual rates. This rule is also indicated in the previously cited normative act.

Often solves the issue of debt restructuring and contributes to the development of a debt repayment mechanism.

These housing issues are regulated in our state - the Russian Federation by the following regulations, with which it is best to familiarize yourself, and then by incomprehensible legal matters can be calm and

consult with lawyers who specialize in housing matters and have litigation experience in housing disputes.

1. Housing Code of the Russian Federation (hereinafter LC RF).

2. Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, which are valid throughout Russia from September 1, 2012 to the present period.

3. Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, which were in force throughout Russia until September 1, 2012.

So, according to Part 1 of Article 155 of the Housing Code of the Russian Federation, payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement or decision general meeting members of a homeowners association, housing cooperative or other specialized consumer cooperative, created in order to meet the needs of citizens in housing in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).

According to Part 11 of Article 155 of the Housing Code of the Russian Federation, non-use by owners, tenants and other persons of premises is not a reason for non-payment of payment for residential premises and utilities. In case of temporary absence of citizens, payment for certain types utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation.

According to Part 1 of Article 157 of the Housing Code of the Russian Federation, the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by the state authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation.

According to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, it is possible to recalculate for utilities in residential premises, approved by Decree of the Government of the Russian Federation No. 354, RECALCULATION for payment for utilities is done in three cases:

1. If you were absent from home for more than 5 days (this fact must be documented by presenting, for example, a travel certificate or an extract from the hospital);

2. If the utility service was not provided in full or of inadequate quality (for example, cold water flowed from the tap instead of hot);

3. If the service was not provided at all (there was no electricity, water, gas or heat for some time).

Section VIII of these Rules establishes that recalculation is carried out only for hot water, cold water, gas, electricity and sewerage, and that it is possible only in the absence of individual and common house metering devices for these resources. It is produced in proportion to the number of days of the period of temporary absence of the consumer, but not more than 6 months. When determining the period of absence of a citizen, the day of his departure and return is not taken into account.

Unfortunately, you did not indicate in your request what kind of recalculation for utilities you are interested in and in connection with this.