What is housing and communal services debt?
The relationship between homeowners and enterprises providing housing and communal services is regulated by law, namely, enshrined in the Housing Code of the Russian Federation[1]. This standard distributes all rights and obligations arising between the parties. The main responsibility of the population is timely payment for services received.
All enterprises in the industry operate exclusively on the principle of self-sufficiency; subsidies from the state are very rare and for targeted use. However, to maintain stability in utility companies, a number of standards have been adopted at the state level that impose sanctions on defaulters, thereby disciplining the population in terms of paying for housing and communal services and helping utility companies collect a decent percentage of payment for their work.
Having studied the statistics of past years, it is clear that even in prosperous periods of the country’s existence, there were 5% of the population who were persistent defaulters of utility bills. Currently, this figure has risen to 10%, but the “absent-minded payer” category has also appeared, which makes up about 20% of all consumers. It is with such a debtor that utility companies work.
A tenant can be classified as a debtor only if the following factors are present:
- A contract for housing maintenance was concluded between the parties to the relationship.
- The consumer signed acceptance certificates for the work performed.
- Accounting statements from the debtor's personal account with a debit balance from the consumer.
- In the absence of a concluded contract and acts of accepted work, confirmation of acceptance of services is at least one voluntary payment by the resident for the services consumed. The presence of a financial document confirming the transfer of funds to the account of a utility organization is confirmation that the consumer recognizes the utility as a service provider.
According to current legislation, failure to pay for the previous two months is considered a debt, which is subject to forced collection. However, you should know that a partially paid receipt turns the debt into incomplete payment, which is subject to a penalty, but cannot be considered in court, like a utility debt.
Sample form of a contract for the provision of utility services
Utility Services Agreement
_________________________ "__" _____________ 20__
(place of conclusion of the contract) (date of conclusion of the contract)
___________________________, hereinafter referred to as the “Contractor”, represented by
(name of legal
faces)
______________________, acting on the basis ______________________,
(Full name) (Charter, Regulations,
Powers of attorney)
on the one hand and
________________________________________________________________________,
(Full name, passport details)
hereinafter referred to as “Consumer”, on the other hand, and together
referred to as the “Parties”, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. Under this agreement, the Contractor undertakes to provide, and
The consumer pays for the following utilities: cold and hot
water supply, drainage, electricity, gas supply, heating.
1.2. When providing public services, the following must be provided:
— uninterrupted supply of utility resources to the living space
of proper quality in the quantities required by the Consumer;
— uninterrupted removal of domestic wastewater from the living space;
- uninterrupted heating of the living space during the heating period
period depending on the outside temperature.
2. Payment for services
2.1. The billing period for paying utility bills is established
equal to a calendar month.
2.2. Fee for cold water supply, hot water supply,
water disposal, electricity supply, gas supply and heating are calculated
according to the tariffs established for resource supplying organizations in the manner
determined by the legislation of the Russian Federation.
2.3. Utility fees are paid monthly, before the 10th
date of the month following the expired month for which the
payment based on payment documents submitted by the Contractor not
later than the 1st day of the month.
2.4. The user pays a fee for purchased from the resource supplier
organizing volumes (quantities) of cold water, hot water,
electrical energy, gas and thermal energy, as well as for services rendered
sewerage services based on readings from metering devices installed on
border of networks included in the common property of premises owners
in an apartment building, with public infrastructure systems.
2.5. Total volume (quantity) of cold water, hot
water, electrical energy, gas and thermal energy, as well as allocated
wastewater determined based on collective (household) readings
metering devices, distributed among the owners of premises in
apartment building in the manner established by the Rules for the provision
utilities for citizens, and if available in all premises
apartment building individual or common (apartment units
accounting) - in proportion to their readings.
2.6. In the absence of metering devices, the calculation of the fee amount is also
is carried out in the manner established by the Rules for the provision of
public services to citizens.
2.7. When providing utility services of inadequate quality and
(or) with interruptions exceeding those established by the Rules for the provision of
utility services to citizens duration, amount of payment for each
utility service is subject to reduction in accordance with the specified
Rules.
3. Rights and obligations of the Parties
3.1. The performer is obliged:
3.1.1. provide the Consumer with utilities as required
volumes for him;
3.1.2. provide the Consumer with proper utility services
qualities that are safe for his life, health and do not harm him
property, in accordance with the requirements of the legislation of the Russian Federation
Federation and the Rules for the provision of public services to citizens and
this agreement;
3.1.3. enter into agreements with resource supply organizations or
independently produce the utility resources necessary for
provision of utility services to the Consumer;
3.1.4. independently or with the involvement of others to serve
in-house engineering systems, using which
utility services are provided to the Consumer;
3.1.5. eliminate accidents, as well as fulfill Consumer requests in
terms established by the legislation of the Russian Federation and this agreement;
3.1.6. in the presence of collective (common house) metering devices
monthly, during the last week of the month, take their readings and
enter in the logbook recording the readings of collective (common house) devices
accounting. At the request of the Consumer within one working day,
next after the day of application, provide the Consumer with the specified magazine;
3.1.7. produce in accordance with the rules of provision
utility services to citizens in order to reduce the amount of payment for
utilities when provision of utility services is inadequate
quality and (or) with interruptions exceeding the permissible duration;
3.1.8. keep records of complaints (statements, demands, complaints)
Consumers on the mode and quality of provision of utility services, accounting
their execution;
3.1.9. within two working days from the date of receipt of the complaint (application
nia, requirements, claims) send the Consumer a notice of its acceptance
and subsequent satisfaction or refusal to satisfy it with
indicating the reasons for refusal;
3.1.10. upon receipt of a complaint (application, demand, claim)
from the Consumer about the detection of a gas odor in residential or non-residential premises,
and also in the yard area immediately take inspection measures
received complaint, if a gas leak is detected, ensure
Consumer safety and elimination of detected leaks;
3.1.11. inform the Consumer within 24 hours from the date
detecting malfunctions in the operation of in-house engineering systems and (or)
utilities and equipment located outside
apartment building, the reasons and expected duration
suspension or restriction of the provision of public services, as well as
reasons for the violation of the quality of provision of public services;
3.1.12. inform the Consumer about planned breaks
provision of utility services no later than 10 working days before
the beginning of the break;
3.1.13. at the request of the Consumer, send his representative
to find out the reasons for non-provision or provision of utilities
services of inadequate quality (with drawing up a corresponding act), and
also an act recording harm caused to life, health or property
consumer due to accidents, natural disasters, lack or
poor quality of public services;
3.1.14. no later than three days before scheduled work is carried out inside
residential premises, agree with the Consumer on the time of access to this premises
or send him a written notification about work being carried out inside the residential
premises;
3.1.15. carry out, at the request of the Consumer, reconciliation of fees for
utilities and issue documents no later than three working days,
confirming the correctness of the calculation of payments to the consumer, taking into account
compliance of the quality of provided public services with the requirements
legislation of the Russian Federation, this agreement, as well as the correctness of accrual
penalties established by federal laws and agreements (fines,
fines);
3.1.16. bear other duties provided for by the Housing Code
of the Russian Federation, other federal laws and this agreement.
3.2. The performer has the right:
3.2.1. demand payment for consumed utilities
services, and in cases of violation by the consumer of payment terms for utility bills
services - payment of penalties (fines, penalties);
3.2.2. require admission to a location previously agreed upon with the Consumer
time in the residential premises of employees or representatives occupied by him
The contractor (including emergency services workers) for inspection
technical and sanitary condition of indoor equipment and
performing necessary repair work, and to eliminate accidents - at any time
time;
3.2.3. demand from the Consumer full compensation for losses,
arising through the fault of the Consumer and (or) members of his family, in the event
failure by the Consumer to comply with the obligation to allow entry into the residential premises he occupies
premises of the Contractor's employees and representatives (including employees
emergency services), in the cases specified in paragraph 3.2.2 of this
contracts;
3.2.4. at a time previously agreed upon with the Consumer, but not more often
once every six months, check the correct removal
Consumer readings of individual metering devices, their serviceability,
as well as the integrity of the seals on them;
3.2.5. suspend or restrict in accordance with the procedure established
Rules for the provision of utility services to citizens, delivery to the Consumer
hot water, electricity and gas;
3.2.6. exercise other rights provided for by the Housing Code
of the Russian Federation and other federal laws adopted in accordance with it, other
regulatory legal acts of the Russian Federation and this agreement.
3.3. The consumer has the right:
3.3.1. receive the necessary amounts of utilities
of proper quality, safe for his life, health and not causing
damage to his property;
3.3.2. receive from the Contractor information about the status of settlements for
payment of utilities (in person or through your representative);
3.3.3. receive from the Contractor a certificate of non-provision or
provision of utility services of inadequate quality and elimination
identified deficiencies in a timely manner;
3.3.4. receive information from the Contractor about volumes and quality
utilities, terms of their provision, changes in fee
for utilities and the procedure for their payment;
3.3.5. be in accordance with the Rules for the provision of utilities
services to citizens wholly or partially exempt from payment
utilities during the period of temporary absence from the place of permanent
residence or for a period of non-provision of utilities;
3.3.6. demand payment by the Contractor of penalties (fines, penalties) when
failure to provide public services or provision of public services
of inadequate quality in the manner and in cases provided for by federal
laws and this agreement;
3.3.7. demand compensation from the Contractor for losses and damages,
caused to the life, health or property of the Consumer, as well as persons
living together with him, due to failure to provide or
provision of utility services of inadequate quality, as well as
moral damage in the manner and amount determined in accordance with
legislation of the Russian Federation;
3.3.8. exercise other rights provided for by the Housing Code
of the Russian Federation and other federal laws adopted in accordance with it, other
regulatory legal acts of the Russian Federation and this agreement.
3.4. The consumer is obliged:
3.4.1. upon detection of malfunctions (accidents) of the apartment
equipment, collective (common house), common (apartment) or
individual metering devices, immediately report them to the Contractor and
emergency rescue service, and if possible, take all
possible measures to eliminate them;
3.4.2. in case of fires, accidents on in-house engineering systems, and
also in case of other violations arising from the use of public utilities
resources, immediately report them to the Contractor and the emergency rescue
service;
3.4.3. for the purpose of accounting for utility resources supplied to the Consumer,
use collective (common house), common (apartment), or
individual metering devices included in the state register of funds
measurements;
3.4.4. ensure the safety of seals on collective (common house) premises,
general (apartment) or individual metering devices and distributors,
installed in a residential area;
3.4.5. allow at a time previously agreed upon with the Contractor in
occupied residential premises of employees and representatives of the Contractor (including
number of emergency services workers), representatives of authorities
state control and supervision for inspection of technical and
sanitary condition of indoor equipment and implementation
necessary repair work, and representatives of the Contractor (including
emergency services workers) to eliminate accidents - at any time;
3.4.6. at a time previously agreed upon with the Contractor (no more than once
every six months) provide access to take readings of general
(apartment) and individual metering devices;
3.4.7. inform the Contractor about changes in the grounds and conditions
use of utilities and their payment no later than ten workers
days from the date of the changes;
3.4.8. pay utility bills on time and in full
services;
3.4.9. bear other duties provided for by the Housing Code
of the Russian Federation, other federal laws and this agreement.
3.5. The consumer is prohibited from:
3.5.1. use household machines (devices, equipment) with
rated power exceeding the maximum permissible load,
defined in the technical characteristics of in-house engineering
systems specified in the technical passport of the residential premises, maintaining
which is carried out in accordance with the state accounting procedure
housing funds;
3.5.2. drain the coolant from the heating system without
Permission of the Contractor;
3.5.3. voluntarily join in-house engineering
systems or join them, bypassing collective (common house) ones,
common (apartment) or individual metering devices, make changes
into in-house engineering systems without introducing in the prescribed manner
changes to the technical documentation for an apartment building or residential building
or in the technical passport of the residential premises;
3.5.4. unauthorized increase of heating surfaces of devices
heating installed in a residential area, in excess of the parameters specified in
technical passport of the residential premises;
3.5.5. arbitrarily break the seals on metering devices, dismantle
metering devices and carry out actions aimed at distorting them
indications or damage.
4. The procedure for establishing the fact of non-provision
public services or provision of public services
poor quality
4.1. In case of failure to provide utility services or
provision of utility services of inadequate quality Consumer
notifies the Contractor's emergency dispatch service about this.
4.2. Notification of non-provision of utility services or
provision of utility services of inadequate quality may be
made by the Consumer in writing or orally (including by
telephone) and is subject to mandatory registration in the emergency control room
service. In this case, the Consumer is obliged to provide his last name, first name and
patronymic, exact address of residence, as well as type of unprovided
utility service or improperly provided utility service
quality. The emergency dispatcher must report
For the consumer, information about the person who accepted the application (last name, first name and patronymic),
registration number of the application and time of its receipt.
4.3. Based on the results of an inspection of non-provision of utility services
or provision of utility services of inadequate quality is compiled
act of failure to provide utilities or provision of utilities
services of inadequate quality, which is signed by the Consumer (or his
representative) and the Contractor (or his representative). In the act of
failure to provide public services or provision of public services
of inadequate quality, violations of quality parameters, time and
start date of non-provision of utilities or provision
utility services are of inadequate quality.
4.4. Act on failure to provide public services or provision
utility services of inadequate quality is the basis for
recalculation of the amount of payment for utility services, as well as for payment
The executor shall pay a penalty for violation of his obligations in the amount
established by federal laws.
5. Responsibility of the Parties
5.1. The Contractor bears the requirements established by the legislation of the Russian Federation
liability for violation of the quality and order of provision
utilities.
5.2. The Contractor bears the requirements established by the legislation of the Russian Federation
liability for damage caused to life, health and property
The consumer, as well as persons living together with him, due to
failure to provide public services or provide public services
of inadequate quality, regardless of his fault.
5.3. The Contractor is released from liability for deterioration
quality of public services, if it proves that it occurred as a result
circumstances of force majeure. Such circumstances do not include
in particular, violation of obligations on the part of the Contractor's counterparties or
actions (inaction) of the Contractor, including the absence of
necessary funds.
5.4. When providing utility services of inadequate quality
The Consumer has the right to demand that the Contractor pay penalties (fines,
penalties) in the following cases:
5.4.1. if the total time of interruptions in the provision of utilities
services for the billing period exceeds permissible interruptions in the provision
utilities;
5.4.2. if the pressure of cold or hot water, as well as the temperature
hot water at the point of collection does not meet the requirements established
legislation of the Russian Federation;
5.4.3. if the network gas pressure in the living room is not
complies with the requirements established by the legislation of the Russian Federation;
5.4.4. if the voltage and frequency parameters in the electrical network are in
residential premises do not meet the requirements established by law
RF;
5.4.5. if the air temperature in a living room in an apartment building
home (including in a separate room in an apartment) below the values
established by the legislation of the Russian Federation, more than the amount of the permissible
temperature deviations and if the pressure in the intra-house heating system
less than the set value;
5.4.6. if there is no registration in the emergency dispatch service
Consumer messages about violation of the quality of utility services
services or their failure to provide;
5.5. In case of failure to pay utility bills on time
services, the Consumer pays the Contractor a penalty in the amount established
part 14 of article 155 of the Housing Code of the Russian Federation, which does not exempt the Consumer
from paying utility bills.
6. Information about the Contractor
6.1. ______________________________________________________________
(name, location (its permanent address
current executive body)
_________________________________________________________________________
(information about state registration)
_________________________________________________________________________
(operating mode)
_________________________________________________________________________
(last name, first name and patronymic of the manager)
6.2. The emergency dispatch service is located at: _________
________________________________________, telephone __________________.
6.3. Information on the maximum permissible power of devices,
equipment and household machines that the Consumer can use for
meeting household needs: _____________________________________________________
________________________________________________________________________.
6.4. Bodies authorized to monitor compliance
Rules for the provision of public services to citizens:
_________________________________________________________________________
(names, addresses and telephone numbers of federal executive bodies
authorities (their territorial bodies and divisions), bodies
executive power of the constituent entities of the Russian Federation and local authorities
self-government authorized to exercise control over
compliance with the Rules)
7. Suspension or restriction of provision
utilities
7.1. The Contractor has the right, without prior notice,
The consumer shall suspend the provision of utility services in the event of:
7.1.1. occurrence or threat of emergency situations on
equipment or networks through which water, heat, electricity are supplied
and gas supply, as well as water disposal;
7.1.2. the occurrence of natural disasters and emergencies, and
also, if necessary, their localization and elimination.
7.2. The Contractor has the right to suspend or limit the provision
utilities one month after written warning
(notifications) to the Consumer in the event of:
7.2.1. incomplete payment by the Consumer of utility services. Under
Incomplete payment of utility services means that the consumer has
debts to pay for one or more utilities,
exceeding six monthly fees determined based on
relevant standards for the consumption of utilities and tariffs,
in force on the day of restrictions on the provision of utility services, with
provided there is no debt repayment agreement concluded
The Consumer with the Contractor, and (or) if the conditions of such
agreements;
7.2.2. carrying out scheduled preventive maintenance and work on
maintenance of in-house engineering systems related to the general
property of premises owners in an apartment building;
7.2.3. identifying the fact of unauthorized connection of the Consumer to
in-house engineering systems;
7.2.4. obtaining appropriate instructions from authorized
state or municipal bodies;
7.2.5. use by the Consumer of household machines (devices,
equipment) with power exceeding technical specifications
in-house engineering systems specified in the technical passport of the residential
premises;
7.2.6. unsatisfactory condition of in-house engineering
systems for the technical condition of which the Consumer is responsible,
threatening an accident or creating a threat to the life and safety of citizens,
certified by the state housing inspection unit
subject of the Russian Federation or other body authorized
carry out state control and supervision of compliance
in-house engineering systems, as well as in-apartment equipment
established requirements.
7.3. Unless otherwise provided by federal laws, decrees
President of the Russian Federation and Government resolutions
Russian Federation, the Contractor, if the Consumer is at fault, has the right
after warning (in writing), suspend or restrict
provision of one or more public services in case of incomplete
payment of utility services by the Consumer in the following order:
7.3.1. The Contractor sends (in writing) to the Consumer
notice that if the debt is not repaid within
one month from the date of sending the specified notification, provision
his utility services may be suspended and/or limited.
A list of these services is attached to the notice, which is communicated to
Consumer information by delivery against signature or sending by mail
by registered mail (with a list of attachments) to the postal address indicated by him;
7.3.2. if the debt is not repaid within the period established in
notice period, the Contractor has the right to limit the provision of the specified
in notification of utilities with advance notice (three days in advance)
written notice to the Consumer;
7.3.3. in case of failure to repay the resulting debt and
within one month from the date of introduction of the restriction on the provision of
utilities The Contractor has the right to suspend the provision
utilities, with the exception of heating, cold water supply and
drainage.
7.4. Suspension or restriction of the provision of utilities
services (or supply of utility resources) can be carried out before
liquidation of debt or elimination of identified violations.
Utility services will be restored within two
calendar days from the date of elimination of the reasons specified in clauses 7.1 and
7.2 of this agreement, including from the moment of full repayment
Consumer debt.
7.5. Suspension or restriction of the provision of utilities
services (or supply of utility resources) cannot be considered termination
actual agreement.
7.6. Actions to suspend or restrict provision
utilities (or supply of utility resources) should not
drive:
- damage to the common property of premises owners in
apartment building, violation of the rights and interests of citizens using
other premises in this apartment building;
- violation of established requirements for the suitability of residential premises
for permanent residence of citizens.
8. Final provisions
8.1. This agreement is drawn up in two authentic copies -
one for each of the Parties.
8.2. All changes and additions to this agreement are
integral part thereof, must be in writing and
signed by the Parties.
8.3. In everything that is not provided for in this agreement, the Parties
are guided by current legislation.
9. Details and signatures of the parties
Consumer Performer
_____________________________ _______________________________
_____________________________ _______________________________
_____________________________ _______________________________
Consumer Performer
Actions of the tenant in case of debts
There may be several reasons for the accumulation of non-payment of over-monthly accrual. The main ones include:
- personal situations;
- unforeseen financial difficulties;
- an increase in utility tariffs without utility companies notifying the consumer about this;
- non-recognition of accrued amounts for services that are not provided in full;
- failure to reconcile with the company’s accounting department for a long time.
Regardless of the origin of the debts, the actions of utility services will be equally aimed at collecting funds from the debit amounts existing on the debtor’s personal account. If a situation arises with the appearance of utility debt, it is always more appropriate to resolve it peacefully.
To implement such a plan, it is better to use the following options:
- Immediate repayment of the full amount of the presented debt.
- A global solution to the problem by concluding a restructuring of payments on the basis of Article 105 of the Budget Code of the Russian Federation[2].
- If the situation has reached the court, then during the litigation it is important to remember the rule for writing off three-year debt, which utility companies have the right to include in the total amount of debt, but it is the debtor who monitors its write-off and, if there are such old amounts in the total amount, initiates write-off legally.
Concluding an agreement on the procedure for repaying utility debts is the most acceptable way to resolve the conflict.
Debt repayment agreement
When fulfilling monetary obligations, the parties can use a debt repayment agreement to fix the amount of the debt and penalties. Such a document is used as one of the methods of pre-trial dispute resolution. Indeed, often this option is beneficial to both: the creditor does not waste time and money on going to court (especially when collection within the framework of enforcement proceedings may be difficult due to the debtor’s lack of funds), and the debtor can agree to suspend the accrual of penalties, penalties, etc.
If we are talking about terminating mutual obligations, an example of an agreement on netting between organizations or offsetting claims may be useful. And if you have any questions, help from a duty lawyer is available on the website.
Stages of drawing up a world document
All enterprises providing housing and communal services are usually willing to settle the situation peacefully. Resolving a dispute in this way is convenient for both parties. Utility companies increase the chance to receive their funds, and the consumer - the opportunity to defer payment of utility bills without additional expenses for legal support.
To complete the restructuring, you must perform the following actions:
- the debtor reconciles the amounts accumulated in the personal account;
- draws up an agreement with the responsible representative of the enterprise, the version of which corresponds to the model recommended by law. In this case, the debtor must have a passport and documents confirming his rights to housing. Additional papers with data on family income may also be requested;
- makes payments for utilities according to the schedule fixed in the document.
As a rule, the agreement involves the initial payment of some part of the debt, as agreed with the enterprise. Fulfillment of this condition is mandatory for the subscriber and shows the reliability of intentions and a conscientious approach to contractual relations.
The restructuring is drawn up in two copies, which are of different legal force, signed by both parties to the relationship and sealed by the utility organization.
You should be prepared for the fact that payment in installments may be denied. Since there are no regulations obliging utility companies to restructure debts, the signing of these agreements occurs at the discretion of management companies. It is in the interests of citizens to show interest in a peaceful resolution of the issue and to prevent their status as an “unscrupulous payer.”
Example of a debt repayment agreement
Debt repayment agreement
Vladikavkaz September 19, 2020
- The parties state that the amount of debt of the Debtor to the Creditor under the contract dated May 11, 2020 for construction work is 125,000 rubles, of which 120,000 rubles. – amount of the principal debt, 5,000 rubles. – penalty due to failure to pay for work performed.
- The parties state that in order to repay the debt specified in clause 1 of this Agreement, the Debtor transfers to the Lender the ownership of construction materials in accordance with Appendix 1 for a total amount of 100,000 rubles, which is an integral part of this agreement.
- From the moment of signing this agreement, which also has the force of a Certificate of Acceptance and Transfer of Construction Materials in accordance with Appendix No. 1, the debt of the Debtor to the Creditor in the amount of 100,000 rubles. is considered fulfilled.
- Debt to the Creditor in the amount of RUB 25,000. repaid by the Debtor within 30 calendar days from the date of entry into force of this agreement. In case of violation of the payment deadline, the Debtor is liable in the form of a penalty, the amount of which is 1% of the amount of debt for each day of delay until the obligation is fulfilled in full.
- This agreement comes into force from the moment of its signing, is valid until the Debtor’s obligation to the Lender is fully fulfilled, and is an integral part of the Contract Agreement between the Parties dated May 11, 2018.
- Details and signatures:
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