Recalculation of utility bills 2020

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What is enshrined in law

If a tenant is away from the apartment for a long time, he has the right to recalculate utilities for the entire period of absence. However, you will need to provide some documents confirming the basis for the recalculation. Remember that you can not pay only for those services, the consumption of which is recorded using special devices.

Government Decree No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” dated May 6, 2011 makes it possible to recalculate unconsumed utility services for the entire period of a citizen’s absence.

To obtain the possibility of recalculation, you must contact the accounting department of the management company or housing and communal services with a complete package of documents. You will need to fill out a free form application, but with mandatory information.

Important! If a citizen cannot provide papers that confirm his absence from the apartment, then the organization’s employees have the right to charge utility bills in full.

Please note that for late payment of utility bills, the management company has the right to apply penalties, which is regulated by Article 155 of the Housing Code of the Russian Federation. If you want to leave the apartment for a long time, it is better to notify housing and communal services employees in writing in advance.

As a rule, employees of management companies do not want to recalculate. Nowadays, it is quite problematic to reduce the cost of utility services. It is not always possible for a citizen to provide sufficient documentation that can confirm the legality of reducing the cost of services provided.

If the management company refuses a request to recalculate, a written notification should be requested with a note from the person who made the decision. The document will subsequently serve as evidence of unlawful actions by employees of the housing and communal services or management company during legal proceedings, when sending a complaint to the Russian Consumer Surveillance and the Housing Inspectorate.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Many management companies are often afraid of inspections from the prosecutor's office, Housing Inspectorate or other departments, so if you ask for an official refusal, it is quite possible that the decision will be revised.

If the management company does not want to change the decision, you should write a complaint to the Housing Inspectorate. In parallel, the appeal is sent to the Russian Consumer Surveillance. The application reflects information about the payer and the fact of violation of rights. It is accompanied by title documents for the apartment, as well as an official waiver of the Criminal Code.

If, after inspections by regulatory authorities, the Criminal Code does not want to fulfill its duties, you can contact the court or the prosecutor’s office.

Does the management company have the right to recalculate retroactively?

Read how tariffs for utility services are set in management companies here.

How to check the accuracy of utility bills, read the link:

Benefits after death

1. The right to an insurance pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation. 2. Disabled members of the family of a deceased breadwinner are recognized as: 1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations carrying out educational activities, including in foreign organizations located outside the territory of the Russian Federation, until they complete such training, but not longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner are older than this age, if they became disabled before reaching the age of 18. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents; (as amended by Federal Law No. 409-FZ of November 12, 2018) (see text in the previous edition) 2) one of the parents or spouse or grandfather or grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinners who have reached the age of 18 years, if they are caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years of age and are entitled to an insurance pension in the event of the loss of a breadwinner in accordance with paragraph 1 of this part, and do not work; 3) parents and spouse of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled; (as amended by Federal Law dated October 3, 2018 N 350-FZ) (see text in the previous edition) 4) grandparents of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (subject to the provisions provided for in Appendix 6 to this Federal Law) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them. (as amended by Federal Law No. 350-FZ dated October 3, 2018) (see the text in the previous edition) 3. Family members of the deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was for them a constant and main source of livelihood. 4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years. 5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to an insurance pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood. 6. Disabled members of the family of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to an insurance pension in the event of the loss of a breadwinner. 7. The insurance pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage. 8. Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children on an equal basis with their own children. Minor children entitled to a survivor's insurance pension retain this right upon adoption. 9. The stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as their own children if they were raised and supported by a deceased stepfather or deceased stepmother. 10. The insurance pension in the event of the loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner from among the insured persons, as well as the cause and time of his death, with the exception of cases provided for in part 11 of this article. 11. In the event of a complete lack of insurance experience at the deceased insured person or in the event of a criminal offense committed by disabled family members of the deceased breadwinner that resulted in the death of the breadwinner and was established in court, a social pension in the event of the loss of a breadwinner is established in accordance with Federal Law dated 15 December 2001 N 166-FZ “On state pension provision in the Russian Federation”.

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How is rent calculated?

Each apartment is assigned a utility payer. As a rule, this is the owner. An obligation also arises under a social tenancy agreement or a lease agreement.

The obligation to pay utility bills arises from the moment the rights to property are acquired, for example, from the moment the purchase and sale agreement is concluded. The rule is regulated by Article 153 of the Housing Code of the Russian Federation.

To reduce the cost of utilities, it is mandatory to install meters for electricity, water, gas, etc.

Attention! Maintenance of the common area is provided by the management company. A fee is charged for it depending on the square meters owned by the owner. The payment of the amount is not affected by permanent residence in the apartment.

However, it is possible to reduce the cost of cleaning services for the entrance and yard if no one lives in the apartment. To do this, you should submit an application to the management company, housing office, housing and communal services.

Benefits and subsidies for housing and communal services in 2020

the citizen incorrectly completed the application for the benefit or did not attach the necessary documents (you will have to re-apply and attach the necessary documentation);
the requested housing and communal services benefit is provided to another tenant who lives at the same address (according to the laws of the Russian Federation, it is impossible to receive a 100% discount, even if two beneficiaries are registered in the housing at once);
there is a debt to the utility company for rent or other services (it is necessary to repay the debt and resubmit the application);
in this subject there is no provision for a benefit for a separate layer of society, the representative of which applies for a discount (it will be impossible to receive the privilege);
the competent authorities or the management company ignored the application (apply again or defend your interests in court).

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As an example of calculating benefits for housing and communal services in 2020, you can use Moscow payment standards, as well as a citizen who has limited capabilities (disability). The decree of the Moscow Government determines that a discount on payment for an apartment is assigned based on the size of the living space:

What is recalculation

It has long been known that the owner or tenant of residential premises is obliged to make monthly utility bills. The invoice is formed based on the services provided by the management company.

A sample list includes:

electricity supply;
heat supply;
supply of hot and cold water;
gas supply;
drainage;
cleaning of territories;
cleaning of entrances;
landscaping;
parking lot maintenance;
other types of services provided by the management company.

The size of each payment directly depends on the square footage of the apartment. The fewer square meters are owned, the lower the payment amount will be.

In 2006, citizens had the opportunity to significantly reduce the cost of utility services over a certain period of time. For example, when no one lived in the apartment.

The procedure for recalculating utilities

How does the recalculation take place? It is relevant only for residential premises where it is not possible to install special metering devices. The impossibility of installation must be confirmed by a special act.

Not all types of services are amenable to this procedure. Recalculation is carried out for:

Gas with electricity, with the exception of gas supply services for heating.
Hot and cold water.
Drainage.

The procedure is not very complicated. You have reasons, for example, temporary absence, that is, the apartment was empty and no one consumed anything. You collect all the necessary documents and submit them to the MFC (in). Your application will be reviewed and a response will be given, and if agreed, the amount of payment will be recalculated for you.

Grounds for recalculation of payments

The management company is obliged to recalculate the cost of services provided on the following grounds:

if the supplying organization provided services of inadequate quality;
if no one has lived in the apartment for a long time;
various benefits on the basis of which a citizen of the Russian Federation is exempt from paying utility bills;
if the service has not been provided for a long time;
after losing ownership of the apartment (the new tenant is not obliged to pay the debts of the previous owner).

Remember that recalculation can only be made if you have documents confirming the legality of the reduction in the cost of utilities.

Please note! It is not possible to recalculate the amount for all services provided by the management company.

How to recalculate utilities due to non-occupancy

A citizen has the right to write an application for recalculation of the cost of utilities if he has not been home for five days in a row or more. Please note that it is impossible to reduce the cost for those services for which metering is carried out using special devices, for example, electricity, gas.

In this case, recalculation is carried out for the use of the elevator, as well as waste disposal. If the consumption of water, light, and gas is not taken into account by special devices and meters, employees of the management company are required to recalculate.

Before leaving for a long time, contact the management company in advance and notify an authorized employee of your intention to leave the apartment. Notice must be provided in writing. You should ask the receiving party to sign your copy indicating the position and full name.

After your arrival, you should contact the Housing Office and write an application for recalculation of unconsumed utilities. In this case, you will have to provide documents confirming the resident’s absence for a certain period of time.

The organization's locksmith can seal the meters, on the basis of which payments will not be charged. If you did not have time to notify the management company about your departure, you should do this after arrival. The time of submission of documents is not the reason for refusal to recalculate.

However, remember that after arriving home, you should submit an application for recalculation within thirty days from the date of appearance. Otherwise, management company employees will rightfully refuse to reduce the amount of utility bills.

Recalculation of the cost of utilities for the period of temporary absence of a tenant

Article 155 of the Housing Code states that an owner who is temporarily absent from the premises has the right to recalculate payments for utilities calculated according to consumption standards. The procedure for recalculation is established by the Government of the Russian Federation in Resolution No. 354 dated May 6, 2011. Recalculation is not carried out if the tenant is absent from the premises for less than five days. The day of departure and the day of arrival at the residential premises are not taken into account.

What services are recalculated for?

It is possible to recalculate only those utilities that are provided without an individual or apartment meter and are calculated according to consumption standards. There is no recalculation for heating, and gas supply for heating needs, as well as utilities for general house needs.

A utility service is a service for supplying a utility resource. Utility resources include:

Cold water;
Hot water
Electric Energy;
Gas;
Coolant in open heat supply and hot water supply systems;
Domestic gas in cylinders;
Solid fuel in the presence of stove heating;
Centrally disposed domestic wastewater is considered a communal resource.

Recalculation for other services (intercom, solid waste removal, antenna, concierge, etc.) are not utilities, so recalculation of their cost is impossible.

When to apply for recalculation.

An application for recalculation should be submitted to:

Before the period of temporary absence;
During a period of temporary absence;
Within thirty days after the end of the period of temporary absence.

If the tenant submits an application before departure, then recalculation is possible for a period of no more than six months. Moreover, if the tenant does not provide the management company with documents confirming the absence within thirty days from the date of return to the residential premises, then the recalculation will be canceled, and penalties will be charged for failure to comply with the payment deadlines for utilities.

When submitting an application for recalculation for past periods, recalculation is made for any period of time.

What is needed for recalculation.

For recalculation, an application is submitted to the management company. If we are talking about recalculation for the past, documents confirming the temporary absence of the tenant are attached to the application.

Mandatory details of the application for recalculation are the last name, first name and patronymic of each temporarily absent consumer, the start and end day of his temporary absence from the premises.

Documents confirming the duration of temporary absence are:

A copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets attached;
Certificate of being undergoing treatment in an inpatient medical institution or at a sanatorium-resort treatment;
Travel tickets issued in the name of the consumer (if the consumer's name is indicated in such documents in accordance with the rules for their execution), or their certified copies. If travel documents are issued electronically, the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);
Invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;
A document from the body that carries out temporary registration of a citizen at the place of his temporary stay in cases established by the legislation of the Russian Federation, or a certified copy thereof;
A certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and were not used;
A certificate confirming the period of temporary stay of a citizen at the location of an educational institution, orphanage, boarding school, special educational and other children's institution with 24-hour stay;
A certificate from a consular office or diplomatic mission of the Russian Federation in the host country confirming the citizen’s temporary stay outside the Russian Federation, or a certified copy of an identity document of a citizen of the Russian Federation containing marks of crossing the state border of the Russian Federation when leaving the Russian Federation and entering the Russian Federation Federation;
Certificate from a dacha, gardening, vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of the dacha, gardening, vegetable gardening partnership.

The list of documents is not closed, so the owner has the right to confirm the time of his absence with other documents. Before his departure, the owner can ask the management company to seal the locking devices in his apartment, and then for recalculation no documents will need to be submitted after returning; it will be enough to present intact seals to the management company.

The owner provides original documents or duly certified copies thereof. Documents must:

Be compiled in Russian or translated and legalized in the prescribed manner;
Be signed by an authorized person of the issuing organization or individual entrepreneur;
Certified by the seal of the issuing organization;
Have a registration number;
Have an issue date.

The management company will make the recalculation within five working days from the date of receipt of the application for recalculation.

Where to go to recalculate the amount of utilities

Remember! To apply for a recalculation of the cost of utilities during the citizen’s absence from the apartment, it is necessary to contact the organization that services the house:

housing office;
housing and communal services;
Management Company;
supplier organizations, for example, Energosbyt.

Finding out who provides services is easy. Just look at one of the payment receipts. Here are the details of the organization.

If you want to reduce the cost of utilities during the period of absence, you must adhere to the following scheme:

first of all, you should write an application in free form, but indicating important information, for example, the citizen’s full name;
if you are denied a bill reduction, you should contact regulatory authorities, for example, the Housing Inspectorate, the department of Russian consumer supervision;
if there is no response from the regulatory authorities and the management company, you can write a statement to the prosecutor’s office;
If after the work done there are no results, you should write a statement to the court.

The court is the last resort, which should not be approached without skipping the step of voluntary pre-trial settlement of the issue.

Watch the video. Recalculation of utility bills in the temporary absence of residents:

Where to contact?

To receive a recalculation of payment, you will need to contact the management company. The details of this organization can be found by looking at the receipt for payment for housing and communal services.

To perform operations you will need to perform the following actions:

submit an application for recalculation to the company;
contact the control authorities;
if a citizen is not provided with an answer on this issue within 3 working days, he has the right to contact the prosecutor’s office;
If the recalculation has not been made within the established period, the person has the right to go to court.

Required documents

The management company will need to provide copies of documents certified by the issuing authorities.

In order to officially confirm the fact of a tenant’s absence for a certain period of time, you will need to provide:

ticket;
invoices confirming the fact of residence in another place, if the citizen stayed at a hotel or hotel;
a certificate confirming that the citizen did not live in the apartment for a certain period;
other documents that can confirm the presence of a citizen at a certain period of time in another place.

If recalculations are made due to poor quality provision of utility services, you will need to provide a conclusion on the examinations carried out. This document is attached to the application.

If the reason for contacting an organization with a request for recalculation is interruptions in the provision of services, the action is carried out on the basis of a citizen’s application.

Submitting an application

If the recalculation is made due to a person’s temporary non-use of living space, he will need to submit an application for recalculation of fees for housing and communal services within 30 days after arrival.

It must indicate the full names of all citizens registered in the apartment, as well as the exact period of their absence and the reasons for this.

The application will need to be accompanied by a package of documents required by law. The application must be made in writing, in two copies, with signatures and date.

It must indicate the reason for the citizen’s absence. The application is drawn up in free form.

A sample application for recalculation of utility bills is presented here.

How to confirm your absence from the apartment

Please note that the management company can provide a recalculation only if there are documents confirming the fact of absence. For example, a ticket for travel to the city can serve as such evidence.

But it is compiled taking into account all the rules:

signatures of an authorized person having the right of a carrier organization;
seal of the carrier organization;
serial number of the ticket and its registration number;
ticket issue date.

All documents are drawn up in Russian or must have a legalized translation from a native language.

Important! In addition to documents confirming the absence of the tenant, the following should be attached:

passport of a citizen of the Russian Federation;
title documents for the apartment;
application of the established form.

What documents will be required?

Along with the application for a recalculation of the cost of utilities during the tenant's absence, the following documents must additionally be provided:

passport of a citizen of the Russian Federation, applicant;
papers confirming the resident’s stay in a sanatorium, business trip, vacation;
paper vehicle tickets;
bills for a hotel in another city;
paper confirming registration at a different address.

Thus, you can provide any documents that directly indicate the absence of a tenant in the apartment for a certain period of time.

Please note! You can receive a recalculation only if no one else is registered in the apartment. If there are other residents, then to reduce the cost you will need to provide documents confirming the absence of each person registered in the apartment.

Recalculation of rent due to death

If someone registered in the apartment has long since died, and utility bills continue to accrue, take a death certificate and go to the HOA , management company or directly to the resource supplier with a request for recalculation.

Just keep in mind that you can apply for recalculation for the last 3 years . That's the statute of limitations.

The recalculation must be made from the date of death, because Article 17 of the Civil Code states that a person’s legal capacity ends with death. That is, there are no legal grounds for refusing to recalculate. Appeal the refusal to the prosecutor's office or in court.

The procedure for considering an appeal and its deadlines

The application must be submitted within thirty days from the date of return. The appeal is considered by employees of the management company within ten days from the date of registration of the claim.

Within three days from the date of the decision, employees of the management company are required to send a written notice to the applicant, which reflects the final decision.

If the applicant is not satisfied with it, he can appeal to the Housing Inspectorate, Russian Consumer Supervision, the prosecutor's office, or the court.

If a low-quality service is provided or if it is not provided, this fact is recorded by the relevant authorities that have special devices.

If the management company makes a positive decision, you will receive the amount of compensation to your bank account, in your hands, or you can use it to reduce your next utility bills.

Possible mistakes

In order for the management company to stop charging utilities to the deceased, his relatives must contact it with a written application, which will include a requirement to recalculate the receipt in connection with the death of the citizen. Here it is also worth finding out who is charged rent after death and who is obliged to pay it.

If the owner of the housing premises suspects that an error has occurred when calculating rent, he must submit a statement describing the problem to the following authorities in order of priority:

management company, whose details are indicated on the receipt for payment of housing and communal services
regulatory authorities
prosecutor's office
court.

At the same time, you should contact each subsequent authority only if you have not received a response from the previous one. If the case goes to court, the applicant will need to provide documentation that will confirm his correctness and the fact of applying to the above authorities.

Rent benefits for pensioners can be provided under various conditions, depending on the status of the pensioner and his length of service.

Is it possible to recalculate rent during temporary absence, and what formula is used to recalculate, you can find out from the article at this link.

What to pay attention to

Please note that recalculation can be made taking into account some important nuances:

absence of the owner for five days in a row;
absence of all people registered in the apartment;
there is a list of services for which recalculation is not made;
To make a recalculation, an application must be drawn up.

Important! The subscriber can receive the compensation amount in person, to a bank account, or use it to reduce the cost of subsequent services provided.

Death of the Beneficiary Zhku From Next Month

The Department of Social Protection of the Population of the Administration of the Martynovsky District of the Rostov Region informs that the amount of compensation for housing and communal services accrued to a citizen and not received by him in connection with death is paid in accordance with the civil legislation of the Russian Federation. Compensation for housing and communal services for the month in which the death of a citizen occurred is provided in full.

The amounts provided to the testator as a means of subsistence, taking into account the specific circumstances of the case, may include any payments due to the testator intended to provide for the ordinary daily needs of himself and his family members.

Who is eligible for the discount?

All citizens of the Russian Federation who have not been in the apartment for a long time have the right to receive a discount.

Remember! However, recalculation is carried out if individual metering devices are not installed:

electricity;
hot and cold water;
drainage;
gas supply.

If there are meters, then recalculation is made only for using the elevator, as well as for loading garbage. Some categories of citizens who are beneficiaries, for example, low-income families, have the right to a discount.