Last update: 01/30/2020
Today, not all citizens manage to fully and timely pay utility bills. Many Russians have severe financial situation and there is no money left to pay for the services. However, not everyone knows that delays in payments for more than 1-3-6 months can lead to the accrual of penalties, and the housing management organization goes to court to collect the debt. And then the bailiffs will seize cash and property. In some cases, the debtor may suffer the fate of eviction from the apartment.
If you are overdue payment for utility services by more than one month, what will happen, what does it threaten?
Penalties begin to accrue from the second month of delay. The rights of public utilities to their accrual are reflected in paragraph 14 of article 155 of the Housing Code. Penalty is charged for each day and its% varies depending on the number of months of non-payment:
Penalty amount = debt * number of days of delay * 1/300 * refinancing rate.
The size of the current rate can be found on the website of the Central Bank www.cbr.ru. Since the beginning of 2016, the rate is 11%.
Example: The total debt for services as of March 10, 2020 is 2,400 rubles. Of these, 1200 rubles. for February, and 1200 rubles. for January 2020. You made the payment only on March 20, 2020 (the number of days of delay is 10).
Penalty calculation: (1200 * 10 days / 300) * 11% \u003d 4.40 rubles.
Temporary restriction or disconnection from the use of utilities (gas, electricity, hot water, intercom services) until the debt is paid off. The debtor is threatened with this measure if the rent debt is more than three months.
How to apply the restriction:
What utilities cannot be disabled?
Resumption of work utilities is made no later than 2 days after the payment of the debt for services or the signing of an agreement on debt restructuring (see).
The public utilities have the right to start a lawsuit to recover the housing and communal services debt from the moment they are convinced that the user has stopped making payments, first:
The price of a claim can increase significantly, since it will include not only total amount total debt and interest for the entire period of delay, but also legal costs.
The debtor may be offered to pay the debt in full at a time, or to conclude an agreement on debt restructuring (as a rule, it is concluded for a period of 6 months, but can be extended). This agreement is the most advantageous option, since it allows you to pay off the debt over a certain period, in equal installments, and not the entire amount at once. The form of the restructuring agreement is drawn up by the public utilities, based on the application you submitted.
Head of UK "Zarya"
Antonov A.S.
from Yakimov S.T.
residential address: Mirny, st. Unions 31-2
tel.34-37-21
Statement
I ask you to consider the issue of concluding an agreement with me on the restructuring of debt for the use of services (indicate the type of service: heating, sewerage, water supply), for a dwelling owned by me on the right of ownership, located at the address: Mirny, st. Unions 31-2.
As of March 1, 2020, the debt is 46,341 rubles. Last payment I made it in October 2019.
The reason for the lack of payment is a reduction from work, a difficult financial situation.
Date__________ Signature_______________
Recovery by a bailiff can be made from funds from:
Important! The amount of monthly deductions from earnings or other income cannot be more than 50% of the total monthly income (Article 99 of the Federal Law).
Other measures most commonly used by bailiffs:
Can they be evicted from an apartment for a debt on a communal apartment? Eviction for debt is a separate requirement statement of claim public service representatives. If, after the entry into the court decision, the debtor continues to accumulate debt, does not comply with the requirements of the restructuring agreement, and recover from it FSSP service The Russian Federation fails to do anything, the time is coming for this extreme measure - eviction.
Check-out procedure:
Eviction from privatized apartment - if a person has other housing suitable for living, he can be evicted for debts. The right of the owner is protected by art. 446 of the Code of Civil Procedure of the Russian Federation, which says that in the absence of other suitable housing, it is prohibited to foreclose on the only housing, and a person cannot be evicted to a hostel or social housing. Bailiffs have the right to seize, describe, and then sell at auction any property in the debtor's apartment, and belonging to him personally.
Eviction from municipal apartment - the possibility of eviction from municipal housing, provided for by Art. 90 LC RF under the following circumstances:
Check-out from the hostel- an employment contract under which a citizen lives in a hostel is signed for a certain period (for the duration of work, study, service). The owner of the hostel may be an organization, municipality. The rights and obligations of the tenant under such an agreement coincide with the social lease agreement. Therefore, the landlord has the right to evict the debtor for debts that have arisen for more than six months (clause 1, part 4, article 83 of the LC RF), without providing other housing, and after a court decision.
How to collect debts from citizens living together with the owner or responsible tenant, under a contract of employment or social tenancy? If it is impossible to pay for the communal apartment by the tenant (owner), the plaintiff (representative of the resource supplying organization) has the right to recover the debt from any of the able-bodied persons living together with him. This is called joint and several liability.
Responsibility is provided for all persons:
By general rule term limitation period, acceptable for debt collection for housing and communal services, is three years. Arbitrage practice shows that such claims are satisfied by the court, and the bailiffs, by their actions, can overshadow the life of the debtor for an even longer period. Therefore, it is better to pay debts immediately than to accumulate them.
If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.
Despite the fact that the law obliges all users of utilities to pay them in a timely manner, there are citizens who owe substantial amounts.
Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
It's fast and IS FREE!
However, utility providers and management companies have a very rich experience and effective measures to deal with rent debtors.
Accumulating debt is fraught with many unpleasant consequences. You can get into debtors for rent due to various life circumstances, but it is still advisable not to bring the matter to the accumulation of a large amount of debt.
The reasons for the delay can be very different, but the most common are the following:
However, whatever the reasons, they do not cancel the obligation to make payments. And avoiding this duty will lead to various unpleasant consequences.
The amount that must be paid for the use of utilities is reflected in receipts that are sent monthly to apartment owners and are the basis for making regular payments.
With the accumulation of debts, the total amount will become more and more, making its payment more and more ruinous.
In some cases, the receipt is sent to in electronic format, if such a format was agreed in advance when creating, for example, an HOA. In such a document, as well as in paper, those services that need to be paid and the amount of debt are reflected.
The obligation to pay for consumed utilities is enshrined in Housing Code. The rent, which includes several parts, is paid by both owners and tenants of municipal apartments.
Relations by commercial lease regulates the Civil Code and the corresponding contract.
Such actions are provided for by the existing rules for the provision of public services. It also does not require a court order.
But the restriction procedure includes the obligatory sending of a notification to the debtor about the possibility of applying such a measure, and not less than 20 days in advance.
If payment is not received within this period, the supply of services will be limited three days after the second notification.
These notices are handed over to the debtor personally, or sent by mail, by registered mail. Violation of the procedure may serve as a reason for the debtor to go to court to protect his rights.
If there is no technical possibility to limit the supply of services, then instead, a repeated warning will be followed by the termination of their provision.
The supply restriction is introduced for a period of one month. During this period, the debtor is obliged to pay the service providers in full.
But if this did not happen, then the management company sends a third warning, in which it notifies that after three days the supply will be completely stopped. And then he does what he warned about.
However, there are two services that cannot be disabled. It:
Failure to provide these services may result in housing being uninhabitable. The rules expressly forbid it. But this circumstance does not cancel the obligation to repay the debt.
As soon as the debt and the penalty accrued on it are paid, within two days the suppliers are obliged to resume the provision of services in full.
Debts for utility bills are not the reason for the unilateral cancellation of contracts for the supply of these services. Restriction and termination of their provision are temporary measures of influence on the debtor.
According to the eviction, as a last resort to deal with debtors, applies to tenants of municipal housing. It is almost impossible to evict the owner for debts.
For tenants, the debt accumulated within six months can cause loss of housing.
Eviction always occurs only through the court. The right to housing is guaranteed by the Constitution, therefore, a person can be deprived of an apartment only in a judicial proceeding.
An exception can be made only if good reasons contributed to the formation of debt:
In all other cases, the court will decide to evict the debtor's family from the municipal apartment. But in return, the city is obliged to provide housing of a smaller area, according to the norms of a hostel.
This is done in order to:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
Establishes that utility bills must be paid no later than the 10th.
The past month has already been paid, for these types of services there is no advance system.
The debt begins to form from the 11th, if the payment has not been made in full or is completely absent.
At the HOA meeting, the payment date can be changed at the initiative of the management or by the majority of the tenants.
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 IS FREE!
The procedure for calculating, calculating and paying for utilities is regulated by several legislative acts of the Housing Code.
To find information, you will need to refer to article No. 153, 154,.
Payment in installments
To do this, an agreement is concluded with the management company, which specifies the conditions for restructuring the rent debt.
But there are a few things to keep in mind:
The management company may terminate the contract in unilaterally in the event that the debtor does not make payments on time or delays in paying the current debt.
Consequences of debt
Main:
- Penalty calculation.
- Disabling the resource, termination of the contract for the provision of utilities.
- Arrest of property.
- Confiscation of property, including apartments.
In the first three months of non-payment, utilities do not take action.
From the fourth month on the postal and / or e-mail address of the debtor, letters begin to arrive demanding payment of the debt.
Peaceful solutions to the problem are offered for 3-5 months, during which notifications are sent, utility workers come for a personal conversation with the debtor.
He must be warned that in the absence of payment, the provision of the service will be suspended in the near future.
At the next stage, the debtor is cut off water, electricity or gas.
The suspension of the supply of resources is temporary, until payments are received.
The next stage is the termination of the contract for the provision of services for the provision of communal resources, and the transfer of the debt collection case to the court.
The defendant has about 3 weeks to pay off the debt.
If there is no money in the specified amount, you should contact management company and negotiate debt restructuring.
The inaction of the debtor leads to the fact that the case is considered by the judicial authorities.
Eviction
If the apartment is in social rent, the owner may demand the eviction of tenants in the absence of payment for utilities within 3-4 months.
When evicting from public housing, tenants are provided with another apartment, but with a smaller area, worse conditions, but also with a lower rent.
You can prevent the replacement of housing only by proving that the debt was formed for a good reason (for example, etc.).
Disabling services
On October 23, 2015, the State Duma adopted in the second reading a draft law on amendments to the legislative acts of the Russian Federation in order to strengthen the payment discipline of all categories of consumers utilities.
Interest will be charged for late payments
Initially, the deputies proposed introducing fines and penalties for late payments only for electricity, but according to the latest estimates, it turned out that the total debt of all categories of consumers for utilities in Russia as of October 1, 2015 amounted to 850 billion rubles.
Of these, broken down by individual energy resources, the debt amounted to:
- for electricity - 183.5 billion rubles;
- for gas - 163.2 billion rubles;
- for thermal energy in front of the CHPP - 147.6 billion rubles;
- for water and sanitation services - 110 billion rubles.
It should be noted that in the course of preparing the bill for the second reading, the deputies made significant adjustments that soften the mechanism for collecting penalties and fines, but only for citizens, homeowners associations and housing cooperatives. Management companies did not fall into this category of “beneficiaries”. For them, on the contrary, the punishment for non-payment or late payment for the delivered communal resources has been toughened.
If for citizens, homeowners associations and housing cooperatives for non-payment of housing and communal services in the first month of delay, penalties are not charged, then for management companies from 1 to 60 days of delay, penalties are set at 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Whereas for the population, HOA and housing cooperatives, this penalty is charged only from the 31st to the 90th day of the debt. And for management companies, already from the third month of debt (from 61 days of delay), penalties increase to 1/170 of the refinancing rate of the Central Bank of the Russian Federation.
Another suggestion of the deputies was the fact that the federal law shall enter into force not from the date of its official publication, but from January 1, 2016. Thus, the management companies, HOAs, housing cooperatives, citizens and other organizations that consume energy resources there is still time to get your payments in order and pay off all the old debts. Otherwise, from January 1, 2016, the new norms of the law will apply to all non-payers.
A responsibility
So, for late payment or non-payment of invoices for communal resources the size of the fine (forfeit) in shares of the refinancing rate of the Central Bank of the Russian Federation for the day of delay will be for:
HOA, housing cooperative, citizens:
- From 1 to 30 days - 0
- From 31 to 90 days - 1/300
- From 91 days onwards - 1/130
Management companies, heat and water supply organizations:
- From 1 to 60 days - 1/300
- From 61 to 90 days - 1/170
- From 91 days onwards - 1/130
All other organizations consuming energy resources:
- From day 1 onwards - 1/130
The voice of the law
On the basis of contracts for the supply of energy resources and contracts for the provision of services for their transportation, consumers are obliged to pay for the supply of utilities and services rendered. Summarizing the responsibility for non-payment for all communal resources by their consumers and based on the Federal Law No. 307 of 11/03/2015, the following can be distinguished:
“In case of late and (or) incomplete payment for energy resources and services for their transportation, the consumer is obliged to pay the supplier a penalty in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay, starting from the next days after the due date of payment until the day of actual payment.”
“HOA, housing cooperatives and other specialized consumer cooperatives created to meet the needs of citizens in housing, acquiring energy resources for the purpose of providing utilities, in case of late and (or) incomplete payment of gas, they pay the supplier a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay, starting from the 31st day following the day the established payment deadline, until the day of actual payment made within 90 calendar days from the date of the due date of payment, or until the expiration of 90 calendar days after the day of the due date of payment, if payment is not made within ninety days. Starting from the 91st day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.”
“Management companies that purchase energy resources for the purpose of providing public services, heat supply organizations in the event of late and (or) incomplete payment of utility resources pay the supplier a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay starting from the day following the day of the due date of payment, to the day of actual payment made within sixty calendar days from the date of the due date of payment, or until the expiration of 60 calendar days after the day of the due date of payment, if within sixty days payment has not been made.
Starting from the 61st day following the day of the due date of payment, to the day of actual payment made within 90 calendar days from the date of the due date of payment, or until the expiration of 90 calendar days after the day of the due date of payment, if payment is not made within ninety days made, penalties are paid in the amount of 1/170 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.
Starting from the 91st day following the day of the due date of payment, until the day of actual payment, penalties are paid in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, from the amount not paid on time for each day of delay.”
“Owners and other legal owners of premises in the MKD in the event of late and (or) incomplete payment of energy resources consumed in obtaining utilities, pay penalties in the amount and in the manner established by housing legislation.”
“If consumers of energy resources fail to comply with the terms of contracts for the supply and provision of services for their transportation, suppliers have the right to reduce or stop the supply of communal resources in the manner established by the Government RF.”
Instead of a conclusion
From the foregoing, it is clear that starting from the new year 2016, the authorities will further tighten control and liability for non-payers of utility services from the accrual of penalties and fines and up to the suspension and restriction of the supply of energy resources.
What does this mean specifically for management companies? First of all, if the management company accumulates large debts to resource-supplying organizations and does not pay them on time, then according to the amendments to the housing legislation that have come into force (FZ No. 176 of June 29, 2015), this can be regarded as non-compliance with licensing requirements . And this, in turn, can lead to disqualification of the head UK or revocation of the license.
In order to prevent such a scenario of actions, it is necessary to pay bills for all consumed utility resources on time.
Citizens of our country are waiting for the next innovations -. First of all, the rules for the timely payment of monetary obligations for the payment of electricity will be much more controlled than in previous years. There will be other fines and penalties regarding other non-payments and debt obligations in various areas of housing and communal services accounts. There has been a lot of talk lately about establish a penalty in the amount of 1/170 bidding data based on , which will be calculated for each late payment. From this we can say that for one calendar year, penalty contributions in the amount of 17.7 percent will be formed. According to the current laws, during the current years, the amount of the penalty is 1/300 the amount of refinancing, and its accounting starts from the first day of non-payment of the required amount for utilities. If we translate this value into a percentage equivalent, it turns out that in one year a person overpays ten percent of the bills unpaid at the required time. At the same time, the refinancing rate of the central bank is 8.25 percent.
At the time when this bill was first submitted to the deputies for consideration, they did not accept it. The reason for the refusal was too high an overpayment for debentures, as well as foam. Such a sharp rise in fines could cause protests and discontent among the inhabitants of the country. However, if everyone thought that the rates of penalties for late payment of utility bills would be reduced, it turned out to be quite the opposite. The law, which nevertheless was approved and adopted by the authorities, contains larger and more severe penalties for non-payment of utilities. In again adopted law lined more than twenty percent penalty, although when it came to 17.7 percent, it was recognized as unreasonably large and the law was rejected.
New law with such huge fines was adopted quite recently - on November 3 this year, and its license plate - 307 - F3. The text of this law clearly defines the amount of penalties that citizens will have to pay in case of violation of the established time frame for paying utility bills. First of all, this will affect energy and services for the provision and delivery of these resources. Penalties for non-payment of utilities apply to other elements of the bills: heating, electricity, sewerage, cold and warm water supply, and many others.
We can say that next year the size of the fine will be increased at least twice, and in some cases even more. Penalties will amount to one hundred and thirtieth of the established refinancing rate, calculated in central bank. Speaking about increases in fines, one can only give a generalized estimate of the amount that a citizen who has delayed payment for housing and communal services will have to pay. In order to calculate in more detail, it is necessary to take into account a number of circumstances, for example, how many people did not pay according to tariffs or to which category of consumers they can be classified.
What will be the penalties for ordinary citizens.
One of the encouraging circumstances is that fines for late payment of utilities will not accrue for the first month of money delay. Therefore, if you conscientiously paid monthly utility bills, but due to unforeseen circumstances delayed the payment for one month, you can not be afraid of a fine. But if the tendency to delay payment for housing and communal services extends to the next month, then fines and penalties will have a certain amount. We will try to prepare you for the expected fines and we will present the process from accrual in a sequential scheme:If your debt has exceeded thirty-one calendar days, daily, for each unpaid day of using utilities, you will be charged a penalty that will be 1/300 of the amount that is the refinancing rate;
If the delay in payments lasts more than ninety-one days, the scale of the penalty increases to 1/130 of the established rate;
Also, a penalty in the amount of 1/130 of the refinancing rate is imposed if the citizen does not pay the established amount of contributions for conducting overhaul residential building. Such a penalty is formed depending on the scale of the amount of money unpaid in the specified period. Its accrual begins immediately after the day when the required payment of the established obligations is not made.
If a citizen tries to independently connect to one of the networks, these actions will also be subject to penalties and administrative charges. At the moment, this year, the fine for unauthorized connection to any public service networks is 4,000 rubles. I mean electrical and heating network, as well as gas and oil wires. Starting next year, such actions will be subject to a fine of fifteen thousand rubles, which is almost four times higher than the currently accepted values.
Penalty accruals for HOAs, as well as housing cooperatives
After more than thirty-one days in arrears, daily accruals of 1/300 of the reform rate will accrue until the day the debt is repaid.
If the debt obligations last more than ninety-one days, then the reform rate increases and amounts to 1/130.The unified rule that the debtor, whose period of non-payment of bills is no more than one, is not subject to penalties, applies not only to ordinary consumers, but also to homeowners associations. One calendar month is considered grace period. Independent connection to public utilities will be subject to a fine of one hundred thousand rubles, which is two thousand more than in the past year. This will affect all officials of the HOA in accordance with the innovations in the law.
How much will business owners pay?
An increase in penalties for non-payment of housing and communal services is also expected by businessmen who own companies and large organizations. For them, the requirements for the payment of punitive obligations have a slightly different character from the first spirit categories of payers. Accruals will begin to be made from the first day of non-payment of the submitted invoices. The rules for calculating penalties for managers will be as follows:For sixty calendar days, the payment of which is overdue by the head of the company, he will receive daily penalty charges in the amount of 1/300 of the rate of the amount that was not paid on time;
If the sixty-first day of non-fulfillment of official obligations comes, then until the time period is ninety days, the amount of daily accruals will be 1/170 of the refinancing rate;
After the ninety-first days of arrears in utility bills, charges increase to 1/130 of the refinancing level.
For all organizations, enterprises and firms, independent connection of utility services without legal grounds is subject to a fine of two hundred thousand rubles, which is one hundred and twenty thousand more than the established framework in the outgoing year. So now such payments do not exceed eight thousand rubles.
What penalties will other consumers receive.
For all enterprises that consume utilities, interest will accrue from the day when, according to the established time frame, the payment is late. They are not expected to have a grace month and other indulgences. In this case, from that moment on, the entrepreneur receives daily accruals in the amount of 1/130 of the established refinanced rate.Starting from the new year, new obligations will be introduced for all consumers. It will be necessary to provide confirmation of documentary facts that all the actions required by law and payment for the services provided by housing and communal services were completed in accordance with all necessary requirements. For this, it will apply bank guarantee which is irrevocable. All information regarding each of these consumers, as well as a complete list of them, will be provided by the executive authorities of the subjects.
Other fines for non-payment of utilities.
According to the decisions that were taken central bank, from the first of the new year, some amendments will be made. For example, all values of refinancing rates will directly depend on the main indicator determined by the central bank for a certain period. Subsequent changes in values will only take place when the bank's key rate changes. Moreover, all changes in values can only change by the set, the same value. Setting an independent rate level will not be allowed in 2016.For average users of the services of a housing and communal enterprise, such innovations directly lead to an increase in the amount of penalties for late payment of bills. The refinancing rate is 8.25 percent, in accordance with the established limits and legislation, which was equated to the key rate, and the volume of the key value of the indicator is 11 percent. It follows that new fines for communal apartments from 2016 will be entirely based on the new rates.
