Good afternoon.
According to paragraph 119 of the Rules for the provision utilities(Decree No. 354):
Unless otherwise specified federal laws, decrees of the President Russian Federation, resolutions of the Government of the Russian Federation or an agreement containing provisions on the provision of public services, the contractor, in the event of incomplete payment by the consumer of the public service, is entitled, after a written warning (notice) to the consumer-debtor
limit or suspend the provision of such public service in the following order:
a) the executor in writing sends a warning (notice) to the consumer-debtor stating that in case of non-payment of arrears in payment for utility services within 30 days from the date of transfer to the consumer
the said warning (notice) providing him with such
utilities may be limited first and then
suspended or in the absence of technical feasibility of introducing
restrictions are suspended without prior imposition of restrictions.
A warning (notice) is brought to the attention of the consumer by
delivery to him against receipt or sending by registered mail (with
attachment description);
b) if the consumer-debtor fails to repay the debt within
the period specified in the warning (notice) the performer when
the presence of technical feasibility imposes a restriction on the provision
specified in the warning (notice) of the utility service with
preliminary (3 days) written notice to the consumer-debtor by handing him a notice against receipt;
c) in the absence of technical feasibility of introducing restrictions in accordance with
subparagraph "b" of this paragraph or in case of non-payment of the resulting
debts and after 30 days from the date of introduction of the restriction
the contractor suspends the provision of public services
the provision of such public service, with the exception of heating, and in
apartment buildings also with the exception of cold water supply - with
preliminary (3 days) written notice to the consumer-debtor by handing him a notice against receipt
So according to paragraph 114. 354 of the Resolution: When restricting the provision of public services, the contractor temporarily reduces the volume (quantity)
supply to the consumer of a communal resource of the appropriate type and (or)
introduces a schedule for the provision of utility services during the day.
When the provision of a utility service is suspended, the contractor temporarily stops supplying the consumer with a utility resource of the corresponding type.
In the event that the suspension of the provision of public services is caused by
the presence of a consumer in arrears in paying utility bills,
the contractor is obliged to seal the mechanical, electrical, sanitary and other equipment located in the multi-apartment
house outside or inside the premises used by the consumer-debtor, and associated with the provision of public services to him.
Suspension or restriction of the provision of public services is not a termination of the contract containing provisions on the provision of
utilities.
According to clause 117. The contractor limits or suspends the provision of public services, having previously notified the consumer about this, in the event of:
a) incomplete payment by the consumer of utility services - 30 days after the written warning (notice) of the consumer in the manner specified in this section;
Disconnection, on the other hand, implies a complete termination of the provision of the service, for which the procedure provided for in Art. 546 of the Civil Code of the Russian Federation. Disconnecting a subscriber - individual- allowed only by agreement of the parties. If agreement is not reached, the contractor has the right to suspend the provision of the service, then file a lawsuit and disable the service only by his decision in the presence of bailiff. If the service provider, without going to court, immediately disables the service for you, then you can file a lawsuit to appeal against the illegal actions of the provider yourself. I repeat once again that without an appropriate court decision, the Criminal Code, the HOA and other organizations are not entitled to independently disconnect services.
If this procedure is followed exactly, then the shutdown is legal?
If not, then this shutdown is illegal! You have every right to file a complaint with the prosecutor's office, Rospotrebnadzor, the District Administration and the Housing Inspectorate.
Apply in writing to grant you an extension or
payment by installments of outstanding utility bills
accordance with your financial capabilities, difficult life
circumstances and the "Rules for the provision of public services
owners and users of premises in apartment buildings and residential
houses ”(approved by the Decree of the Government of the Russian Federation No. 354), where paragraph 75 says:
“…75. The procedure and conditions for granting a deferral or installment payment for utilities (including repayment of debts for utility bills) ..., AGREED BY THE CONSUMER AND WITH THE CONTRACTOR.»
If you are denied an installment plan, or its conditions are unacceptable (impossible) for you, require a written refusal.
With this refusal, apply to the court so that the court obliges you to comply with the above Rules, taking into account your capabilities
Enrollment in the list of malicious non-payers of utilities occurs almost every day. Although this can be caused by various factors, the creation of a debt on the payment of electricity can lead to its shutdown. Energosbyt practices such measures as shutting down 3 months after the formation of debt. However, he cannot do this at his own discretion.
This article will discuss when, by whom and on what grounds they can turn off the light for non-payment of rent. You can also ask your questions to the specialists of the portal.
Consultations are held as usual and are free of charge for all citizens.
The legislation of the Russian Federation does not establish a debt threshold at which you can turn off the light for non-payment of rent. However, in some regions, cases were recorded when local authorities responsible for the public provision of citizens turned off an apartment for a debt of 350 rubles.
But today the practice is such that fines and tougher measures against the debtor begin after the debt has accumulated, and total amount will be equal to two monthly payments. However, this cannot cause a sudden power outage. In other words, the Management Company cannot, without a court decision, stop the supply of light to the debtor's home. This is clearly stated in the existing laws.
Government Decree No. 307 dated May 23, 06 states that Energosbyt can turn off electricity for non-payment only if the following steps are observed, which must be carried out in advance:
In cases where the above sequence has not been observed, the owner, to whom actions are directed to collect the debt, has the right to send a claim to the court for compensation for the damage caused. The Criminal Code of the Russian Federation, namely Article No. 330, qualify such actions of the managing organization as an independent settlement of the issue, on the basis of which a citizen may demand compensation for the damage that caused the blackout. For example, all the products in the refrigerators were spoiled. In addition, moral compensation can be recovered in full. By the way, if the initiator was a partnership, then the criminal code applies the same sanctions to it as to the Criminal Code. Therefore, to the question of whether it is possible to turn off the light without reason or whether the management company has the right to turn off the electricity - we answer no.
Is it legal to cut off electricity for non-payment of rent? Unfortunately, this question is very popular. Let's try to understand it in detail.
The managing organization or a group of owners united in the Partnership have the right to take certain actions that will stop the irresponsible attitude of utility payers. However, do they have the right to turn off the light for non-payment? Experts say they can, but they must be guided by the following:
Can the HOA turn off the electricity? Independently - no, because. this qualifies as arbitrariness. If this happens, you can write statement of claim about illegal disconnection.
Before the actions of the controlling authority reach the direct suspension of the supply of electricity, a notification is sent. This aspect is very important, because energy in housing is the most demanded service in the field of housing and communal services. In the absence of it, it is impossible to lead a normal life in an urban environment. At the same time, it should be understood that an illegal power outage can lead to irreversible consequences for a seriously ill person connected to certain equipment. Also, the company may incur additional costs because of this.
In view of this, when answering the question “Can the electricity be turned off for non-payment”, Managers and other organizations are required to send a notification when a two-month debt is formed. But, as practice shows as of 2019, the owner is given much more time than the law provides.
Important information: The notification must contain the data of the owner-debtor, namely the last name, first name and patronymic, address, personal account, debt and unpaid period. The text should contain information by what date the arrears should be repaid. Also, if the Criminal Code plans to limit the filing, this should be discussed in the notification.
If the electricity was turned off for non-payment, then this should not be regarded as a punitive measure, but as a legal coercion to pay bills. Of course, it will be legal subject to the rules that govern Russian law. It should be noted that if the regulatory authorities had not done this, the economy as a whole in the country would have suffered great losses. But, despite this, power cuts must be carried out within the framework of the law. Thanks to this, even malicious deviators have the right to count on the protection and support of the state.
If the energy in the apartment was suspended without warning, then this is a serious basis for litigation.
In simple words, they cannot turn off the light just like that, otherwise the debtor makes a claim. The complaint is sent to the judicial authority on the fact of violation of the rights of the owner. Of course, on the one hand, this is absurd, but on the other hand, it makes it possible to play on the mistakes of officials and housing and communal services employees. And most importantly, with this approach, you can connect the light without paying your debts.
In cases where the Criminal Code, HOA or housing and communal services have performed all the preliminary actions flawlessly, i.e. notices were correctly issued, compliance with periods, sealing of meters, and, as a result, the energy was suspended, everything can be returned to normal. However, the defendant will also have to comply with certain rules.
Solutions in 2019:
The legitimacy of the actions of local governments must be supported by documents. If an act or a court decision has not been presented, a complaint should be written to the prosecutor's office.
The electricity was turned off for non-payment of housing and communal services, what should I do if there is a small child in the apartment ?! Experts comment on this issue in this way.
When establishing the fact that the homeowner is accumulating debt, the supplier has the right to limit the supply of light until the debt is fully repaid. But such steps are taken after the organization files a lawsuit and an appropriate decision is received. Also, he cannot break the contract without sending a letter about it. If these documents were not sent to the defaulter, then the lawsuit will not even be started. All actions to stop power supply without a court decision are illegal.
Another serious restriction for unauthorized events is the presence (registration, residence) in the apartment of a child who has not reached the age of majority. Also, if Energosbyt or the Criminal Code nevertheless turned off the light, and this led to consequences for the health and life of the baby, then in court this will be considered as harm and the responsible persons will incur an administrative penalty. In addition, the landlord may receive moral compensation.
Can they turn off electricity for non-payment - we gave a detailed answer to this question.
However, if you still have questions, or your life situation does not quite fit the given information, you can contact our lawyers for a free consultation.
Valery Isaev
Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has handled many successful civil and criminal cases in courts of various jurisdictions. Great experience in legal assistance citizens in various areas.
Hello, tell me, please, do they have the right to turn off electricity and other housing and communal services if there is a debt, but also 2 minor children live in the apartment?
There's an answer
Hello. The sequence of actions that the regulatory authorities are required to follow is regulated by Government Decree No. 307, adopted on May 23, 2006. It describes the following mandatory steps preceding the shutdown:
A notice is sent to the consumer about the existence of a debt for the provided electricity; After a 20-day period, if the debt persists, the consumer is given a warning about further restrictions in the supply of electricity (issued against receipt); After three days, if the consumer has not taken any action, the supply of electricity is limited, and another warning is given to the debtor;
Complete cessation of electricity supply to the debtor's apartment until the debt is repaid in full.
If at least one of the above steps has not been taken, the debtor has the right to apply to the court and demand compensation for the damage caused. According to Art. 330 of the Criminal Code of the Russian Federation, the actions of the management company are qualified as arbitrariness, and the consumer will receive compensation for both material damage (food has deteriorated in the disconnected refrigerator) and moral damage.
Before going to court, it is necessary to close the existing debt, only then can you expect to receive compensation.
An additional limitation of unauthorized actions of the supplier is the fact that a minor lives in the living space. If it is established that the interruption of electricity supplies caused moral damage to the child, the supplier will be held administratively liable.
Askar, hello. This issue is regulated by Decree of the Government of the Russian Federation of May 6, 2011 N 354 (as amended on February 27, 2017) “On the provision of public services to owners and users of premises in apartment buildings and residential buildings"(together with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings")
115. The contractor limits or suspends the provision of utility services without prior notice to the consumer in the event of:
a) the occurrence or threat of an emergency situation in the centralized networks of engineering and technical support, through which water, heat, electricity and gas supply, as well as water disposal are carried out - from the moment of the occurrence or threat of such an emergency situation;
b) the occurrence of natural disasters and (or) emergency situations, as well as, if necessary, their localization and elimination of consequences - from the moment such situations arise, as well as from the moment such a need arises;
c) detection of the fact of unauthorized connection of the consumer's in-house equipment to in-house engineering systems or centralized networks of engineering and technical support - from the moment the unauthorized connection is detected;
d) the use by the consumer of household machines (instruments, equipment), the connection power of which exceeds the maximum allowable loads calculated by the contractor based on the technical characteristics of in-house engineering systems and brought to the attention of consumers - from the moment the violation is detected;
e) receipt by the contractor of an order from a body authorized to exercise state control and supervision over the compliance of in-house engineering systems and in-house equipment with established requirements, on the need to introduce a restriction or suspension of the provision of public services, including an order from an executive authority of a constituent entity of the Russian Federation authorized to implement state control for the compliance of the quality, volume and procedure for the provision of public services with the established requirements, for the unsatisfactory condition of the in-house engineering systems (for technical condition which the owner of a residential building is responsible) or intra-apartment equipment that threatens an accident or endangers the life and safety of citizens - from the date indicated in the document of the relevant authority.
117. The contractor limits or suspends the provision of public services, having previously notified the consumer about this, in the event of:
a) incomplete payment by the consumer of utility services in the manner and terms established by these Rules;
(paragraph "a" in the wording of the Decree
b) carrying out scheduled preventive repairs and maintenance of centralized networks of engineering and technical support and (or) in-house engineering systems related to common property owners of premises in an apartment building - 10 working days after a written warning (notice) to the consumer.
118. Incomplete payment by the consumer of a utility service means that the consumer has a debt to pay for 1 utility service in an amount exceeding the sum of 2 monthly fees for the utility service, calculated on the basis of the utility consumption standard, regardless of the presence or absence of an individual or common (apartment) device accounting and tariff for the corresponding type of communal resource, effective on the day of restriction of the provision of communal services, provided that there is no agreement concluded by the consumer-debtor with the contractor on repayment of the debt and (or) if the consumer-debtor fails to comply with the terms of such an agreement.
(as amended by Decree of the Government of the Russian Federation of February 17, 2014 N 112)
(see text in previous edition)
If the consumer does not fully pay for all types of utility services provided by the contractor to the consumer, then the contractor calculates the consumer's debt for each type of utility service separately.
If the consumer partially pays for the utility services provided by the contractor and services for the maintenance of residential premises, then the contractor divides the fee received from the consumer between all types of utilities indicated in the payment document and the fee for the maintenance and repair of the residential premises in proportion to the amount of each fee indicated in the payment document . In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount.
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
(see text in previous edition)
119. Unless otherwise established by federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation or an agreement containing provisions on the provision of public services, the contractor, in the event of incomplete payment by the consumer of public services, has the right, after a written warning (notice) to the consumer-debtor, to limit or suspend the provision such utility service in the following order:
a) the contractor sends a warning (notice) to the consumer-debtor stating that in case of non-payment of the debt on payment of utility services within 20 days from the date of delivery of the specified warning (notice) to the consumer, the provision of such utility services to him may be first limited and then suspended or in the absence of technical feasibility of imposing a restriction, it is suspended without a preliminary imposition of a restriction. A warning (notice) is delivered to the consumer by handing it over to the consumer-debtor against receipt, or by sending it by registered mail (with acknowledgment of receipt), or by including it in payment document to pay for utilities the text of the relevant warning (notice), or in another way of notification confirming the fact and date of its receipt by the consumer, including by sending the consumer a warning (notice) by means of a message over the mobile radio network telephone connection to the user equipment of the consumer, a telephone call with a conversation record, a message Email or through Personal Area consumer in the state information system housing and communal services or on the official page of the contractor in the information and telecommunications network "Internet", the transfer of voice information to the consumer over the fixed telephone network;b) if the consumer-debtor fails to repay the debt within the period specified in the warning (notice), the contractor, if technically possible, introduces a restriction on the provision of the utility service specified in the warning (notice);
c) in case of non-payment of the resulting debt within the period specified in the warning (notice) and in the absence of the technical possibility of imposing restrictions in accordance with subparagraph "b" of this paragraph or in case of non-payment of the resulting debt after 10 days from the date of introduction of the restriction on the provision of public services, the contractor suspends the provision such utilities, excluding heating, and in apartment buildings also excluding cold water supply.
(p. 119 as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
(see text in previous edition)
120. The provision of public services is resumed within 2 calendar days from the date of elimination of the reasons specified in subparagraphs "a", "b" and "e" of paragraph 115 and paragraph 117 of these Rules, full repayment of the debt and payment of the costs of the contractor for the introduction of restrictions, suspension and the resumption of the provision of public services in the manner and amount established by the Government of the Russian Federation, or the conclusion of an agreement on the procedure for repaying debts and paying these expenses, if the contractor has not decided to resume the provision of public services from an earlier moment.
(p. 120 as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
(see text in previous edition)
The issue of non-payment of "communal" is now more acute than ever. Due to low wages, illness and personal hardship, people can go months without paying for the services they receive. And when another threat comes from public utilities, insolvent citizens worry and fear not only that they are obliged to pay companies a large amount of money, but also that they may be deprived of some modern conveniences.
So, do they have the right to turn off the light for non-payment of rent? This topical issue will be the focus of this article.
Do they have the right to turn off the light for non-payment utility bills? Yes, such actions are allowed and are considered legal, as they are regulated by Russian law. However, there are some nuances here, which will be discussed below.
With regard to utilities, we found out whether they have the right to turn off the light for non-payment. Now let's see what cases are considered by law as malicious payment evasion, due to which such drastic measures can be applied.
First of all, it should be remembered that debt is not measured in amounts, but in time intervals. According to Russian legislation, the decision to turn off the electricity should be made only if the owner is overdue in payments for two months or more. That is, if your neighbor's debt is 1,500 rubles, and he does not pay the required amount for only one month, then he will not be penalized yet. But if you have not paid your bills for sixty days or more, although your debt is ten times less than your neighbor's, an unpleasant message from public utilities will not keep you waiting.
Before a persistent defaulter is blocked from accessing the public electricity network, utilities must fulfill a number of conditions.
Firstly, the owner of the living space must be notified in writing about the possibility of disconnecting from the power supply. What does it include this document? Firstly, the last name, first name and patronymic of the debtor, the address of his residence and the current account on which he pays utility bills. Also, the paper will contain information about the amount and period of debt, as well as the warning itself. That is, by what specific date it is necessary to pay the bill for energy supply.
Do they have the right to turn off the light for non-payment of rent without warning? No, since the law of the Russian Federation has specific instructions on this matter: the non-payer must be warned. Moreover, you can not just leave a piece of paper with a notice at the door. It is necessary to personally hand over the document to a person for review and certify this process with the personal signature of the owner of the house or apartment.
According to a written notice, the defaulter can repay the debt in full or (be careful!) in part. That is, if the debtor pays any amount as payment for energy supply, then this will already be considered a full payment for the service. This means that the municipal institution will have to wait another three months to start fighting the malicious defaulter again.
Of course, it is better not to reach such emergency measures and try to pay at least the minimum amount for paying for energy supply every month.
If the owner of the housing did not heed the warning and did not deposit money into the utility bill, he is again sent a notice of a power outage. This time, the debtor is given a time limit for paying for services equal to three days. If a cash and do not go to the expense of public utilities, the company proceeds to drastic measures.
Do they have the right to turn off the light for non-payment without a court order? Yes, since under Russian law it is not necessary to go to court when it comes to stopping the actions of persistent non-payers. However, this only applies if the energy service provider has met all of the above conditions.
But do they have the right to turn off the light for non-payment without a court decision in the winter? As practice shows, public utilities have every right to turn off electricity to persistent non-payers, regardless of the time of year and other factors.
But do they have the right to turn off the light for non-payment if the apartment has an electric stove? Yes, because the principle described above applies in almost all situations. For example, do they have the right to turn off the light for non-payment if there are minor children? In fact, the public service does not care who lives in the housing where there is a debt. For such institutions, the main thing is that residents pay for services on time. However, the presence of small children and seriously ill citizens can be extenuating circumstance, which we will discuss below.
Do they have the right to turn off the light for non-payment if there is a small child? Yes, utilities have such rights. But what to do if your electricity was turned off illegally? That is, if the conditions mentioned above were not met?
We remind you that it is possible to restrict a tenant in using electricity when implementing a similar algorithm:
It happens that the owner of a house or apartment did not receive a document with a warning about drastic measures and did not sign it. Or there are situations when the non-payer contributed part of the amount from total debt at the expense of a communal institution, but the light was cut off anyway. It may well be that there was no repeated notice of a power outage, and drastic measures were still applied. What should the landlord do in this case?
Such a person can go to court with a complaint against the actions of public utilities with a request not only to connect him to the general power supply network, but also to pay a certain amount in the form of non-pecuniary damage. And although this situation is absurd, it still occurs quite often.
In such cases, utilities, if due to the inexperience or carelessness of their employees, have violated the conditions for the legal disconnection of the defaulter from the power grid, they may be found guilty. Of course, if it was proved that the owner of the housing did not receive notices or paid part of the debt.
So, we have analyzed whether they have the right to turn off the light for non-payment. The short answer is yes.
Now let's find out how the process of disconnecting a malicious defaulter from the power supply networks is carried out. In such a situation, a specialist is sent to the debtor, who will seal the electricity meter and stop the supply of electricity to the network. It is noteworthy that it is impossible to implement such actions a day before the weekend or public holidays.
Before deciding what action to take after a power outage, you should know why such a penalty has been established.
First of all, turning off the light is not a punishment or retribution for the dishonesty of the payer. Rather, it is a temporary and forced measure that encourages the debtor to pay bills as soon as possible.
That is, the purpose of turning off the light is to make the malicious violator think about the importance of timely payment of utility bills. Therefore, it is possible and necessary to return everything to normal. Moreover, this is welcomed by the public utilities themselves. What steps should be taken to bring the light back?
First of all, of course, it is necessary to pay the debt. However, if the owner of the property does not have the opportunity to do this completely, then he can contact the local authority providing energy services with a request to grant him a delay. All citizens of the Russian Federation have the right to a gradual payment of the debt, so the public utilities will be happy to conclude a deferment agreement with you.
This document must be submitted to management company, where you will be asked to deposit the required amount as a repayment of part of the debt. After these funds are paid, the defaulter agrees on the arrival of a power engineer who, at the appointed hour, will reconnect the living space to the power grid.
Do they have the right to turn off the light for non-payment if there is a small child? This question has already been answered many times in the article. However, let's discuss whether it is possible to take advantage of such a situation in order to cancel the radical measures of a communal institution?
If the family has a newborn child or a seriously ill person, then you should contact the enterprise providing energy supply services with a document confirming the residence of privileged categories of the population in a particular living space. In this case, the electricity is not turned off, but the owner of the housing is obliged to pay the debt.
The same principle applies to another common question: do they have the right to turn off the light for non-payment if there is a disabled child? As you can see, we must always be able to agree. Public utilities are people too, therefore, upon presentation of a document indicating that you are in exceptional circumstances, you will not be turned off the electricity, but only at the initial stage and with the condition of full repayment of the debt (immediately or partially).
SNT is a horticultural non-profit partnership, which is founded by citizens on a voluntary basis with the aim of solving common tasks and problems of the social and economic direction (gardening, gardening or country). And although each such association has its own charter and its own rules, yet each SNT is subject to the unified civil laws established in the Russian Federation.
There are cases when the members of the partnership or the chairman may threaten the debtor with the fact that they will cut off the electricity that was carried out to his site, as a punishment for non-payment. Is it legal?
Of course not. Since only the utility company has the right to turn off the power supply. Therefore, if the gardener was disconnected from the general electricity network, he can appeal the decision of the partnership in court.
On the other hand, SNT can also sue a persistent defaulter in court in order to force him to legally pay off one or another debt.
Of course, there are situations when the law allows a complete shutdown of electricity from consumer networks. Often this applies to all owners of housing, regardless of whether there are debtors among them or not.
First of all, it is about repair work carried out in a planned or emergency mode. In the first situation, it is important to notify the tenants at least a few days before the work.
There are other cases when it is justified to disconnect the owners of housing from the general power grid. First of all, we are talking about the theft of electricity, deliberate damage to energy devices, deliberate impact on the quality of the energy supply consumed in the network, and so on.
In some cases, fines or other penalties may also be imposed.
As you can see, utilities have the right to disconnect some users from common system power supply. In this article, situations were analyzed in detail when public utilities can cut off the light for non-payment.
It is important to be very careful here. If the owner of the dwelling received warning notices twice, then turning off the light in this situation is considered legal. If the defaulter did not receive written notices of the debt and warnings about disconnection, then the actions of the enterprise are considered unlawful and the debtor can apply to the court with a request to connect it to electricity and pay moral compensation.
What to do if radical measures turned out to be legal? In this case, it is necessary to pay the debt as soon as possible. If this is not possible, you can conclude an agreement with the company on installment payments on debt and make a minimum amount against future payments. In this case, the supply of electricity to the debtor will be resumed as soon as possible.
And of course, the most important thing: remember that only timely payment of utility bills will save you unnecessary worries and inconveniences associated with disconnecting the premises from the general power supply networks.
