Is it legal to shut off utilities for non-payment?

Can the heating be turned off for non-payment?

Inform the service provider about emergency situations;
Inform the supplier about the number of services consumed;
Pay for services provided;
Install meters for metering service consumption, as well as allow inspection services to access them;
Inform about the number of residents living in the apartment.

Receipt of services in proper quality and in established volumes;
Obtaining information about charging for the period of use of utility services;
Receive information about the quality of services, as well as request their verification;
Requirements to reduce the amount of payment for a certain type of utility services, including heating;
If, due to poor-quality provision of services, losses or illness of a resident of the house occur, then he may demand compensation in financial terms.

Under what debt can electricity and electricity be turned off?

Then the Housing Office informs the DEZ about the received letter. Employees of this structure report the tenant’s complaint to the Department of Housing and Communal Services, which is obliged to consider the complaint. If several citizens who are served by the specified service provider are faced with a similar problem, there is a high probability that the decision will be made in favor of the consumer.

However, the general criterion in this situation is non-payment to the management company, which is equal to the amount of payments for the use of electricity for 90 days . Accordingly, such a volume of debts accumulates both due to forgetfulness or financial difficulties of the subscriber, who is late in paying for the quarter, and due to periodic underpayment of the due amount.

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Heating systems have the right to be turned off for non-payment of housing and communal services.

a) the contractor sends a warning (notification) in writing to the consumer-debtor that in case of failure to repay the debt for payment of a utility service within 20 days from the date of transmission of the specified warning (notification) to the consumer, the provision of such utility service to him may first be limited, and then suspended or, in the absence of the technical possibility of introducing a restriction, suspended without first introducing a restriction.
The warning (notification) is brought to the attention of the consumer by handing it over against signature or sending it by registered mail (with a description of the attachment); In accordance with Art. 119 Decree of the Government of the Russian Federation dated 05/06/2011 N 354 (as amended on 06/29/2016) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” unless established by federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation or an agreement containing provisions for the provision of utility services, the contractor, in the event of incomplete payment by the consumer for a utility service, has the right, after a written warning (notification) to the consumer-debtor, to limit or suspend the provision of such utility services in the following order :

Passion for stubs

With the advent of the technical possibility of remotely installing shut-off valves in the lumen of drainage (sewer) pipes of a particular owner without access to his living quarters, many employees of management companies and TSN have become euphoric about obtaining effective leverage over malicious defaulters. In practice, everything turned out to be not so rosy. Currently, only the most desperate or incompetent managers of management companies or TSN resort to such measures. After this, in most cases they are forced to compensate the defaulter for housing and communal services for damage caused by improper provision of services and moral damage.

Since 2012, there has been a legal opportunity to limit water disposal for non-payment; it is provided for in clause 8, part 3 of Art. 21 Federal Law 416 “On water supply and sanitation”. As often happens, the law was adopted in the interests of monopolists - water supply and sanitation companies and did not take into account the fact that it would conflict with many other regulations aimed at protecting the interests of consumers:

— clause 122 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354)

- clauses 12 and 14 of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction (approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47;

— SP 30.13330.2012 “Internal water supply and sewerage of buildings”;

— SanPin 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises.

The possibility of limiting water disposal does not take into account the special legal status of the apartment building and the specific use of its property. To install a plug on the drainage system, access to common property is required. The decision to make changes to this property or to use it for purposes other than those intended for its main functions is made by the owners at a general meeting. Thus, any work carried out by employees or management company (TSN) or persons invited by them, not related to the maintenance of the sewerage system, must be agreed upon with all owners and approved at a general meeting by a majority vote. In practice, this is practically impossible!

The second reason why plugs are not used is that they interfere with the suitability of the residential premises for permanent residence.

The third reason is that they create a threat to the sanitary and epidemiological situation in the apartment building, jeopardizing the health of all residents living there, regardless of whether they have a debt or not.

Fourth , restriction or cessation of water disposal creates a threat to all citizens living (legally) in a given premises. Including minors, elderly and sick citizens.

Judicial practice on this matter is not clear, but in most cases the courts take the side of debtors who have limited energy consumption. And this is due to the fact that as a result of such measures, innocent people suffer - members of the owner’s family living in the apartment, and Russian legislation does not provide for collective responsibility.

Debts of the management company are not a reason not to turn on the heating

“The debt of the management organization cannot influence the start-up of heat for an individual citizen,” said deputy head of the city Ilya Nozhechkin. – Warmth should come to every home. Of course, the debt brings with it certain organizational and financial difficulties when starting heat, allocating gas limits, and so on. But a particular resident who pays in good faith will receive warmth in accordance with the law.

In the issue of October 1, in the article “Threatened with Cold,” “SK” wrote about information from a number of online media that allegedly would delay the release of heat to those houses whose management companies owe them the most. The articles, apparently posted for a fee, stated that T Plus heating workers were unable to buy gas for the heating season and were reducing the volume of repairs to heating mains.

Can the heating be turned off for non-payment during the heating season?

It is worth returning to the issue at hand. Legally, the supplier may temporarily suspend its activities in relation to the violator who has not made timely payment, without a court decision. This law was adopted in 2011. He lists all the reasons why a shutdown may occur. So, for example, the supplier has the right to turn off the supply for a certain time if:

date of conclusion of the contract;
a list of all provided utilities and their corresponding costs;
the period during which the provision of these utilities by the organization was agreed upon;
information on the volume and quality of public services provided to the citizen.

Do you know whether it is legal to shut off utilities for non-payment?

For the most part, Russian citizens pay utility bills in good faith, regardless of financial difficulties. But rising tariffs and the unstable economic situation in the country sometimes deprive people of the opportunity to pay for utilities. The resulting debt leads to litigation and sometimes even power outages .

was not paid a salary or pension for a long time ;
the debtor or someone in the family is unemployed . And you can’t get a job, despite your efforts;
serious illness of the payer himself or a family member;
the family has a small child or disabled people.

How water is turned off for non-payment, is it legal and what does the warning look like?

Send a written application to the management company with a request to restore the water supply and recalculate for the period of shutdown.
If water does not appear in the apartment within three days, a claim is filed to be sent to Rospotrebnadzor and the Prosecutor's Office. A copy of the statement sent to the management company is attached to the claim.

The amount of debt should not affect the disconnection. The only reason is the lack of payment within 3 months.
If the debtor has not been properly notified of the deactivation 30 days in advance and an additional 3 days in advance, no action can be taken.

Life hack for a defaulter: the court explained when services will not be disconnected for non-payment of utilities

Disconnection of utility resources in the presence of debt is provided for by law. There are differences regarding the supply of resources to residential or non-residential premises: when it comes to non-residential premises, any service can be disconnected. If we are talking about a residential premises, apartment or private house, it is prohibited by law to completely turn off cold water and heating. The provision of these services can only be limited. Everything else can be turned off completely, including if there is debt, says Sergey Sergeev, Arbat MCA.

The owner of the apartment filed a lawsuit against the management company. She demanded that the power outage be declared unlawful, compensation for moral damages in the amount of 100,000 rubles, expenses for the services of a representative in the amount of 50,000 rubles, as well as a fine of 50% of the awarded amount. She insisted that the management company violated the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, and did not properly notify her of the amount of debt for electricity and the time of the introduction of a complete cessation of its supply. In addition, the management company is not an electricity supplier, which means it did not have the right to suspend the provision of electricity supply services, the applicant believed.

Procedure and features of power outages for non-payment of utilities in 2020

However, it is not necessary that they come in a row. We are talking about an amount equal to twice the monthly payment. Previously, it was possible to accumulate debt by paying a small amount each month. This path is no longer available. As soon as the amount of debt exceeds a certain threshold, the management company has the right to begin restrictions.

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Can the power be turned off if 10 days have passed and the debt has not been paid? Yes, but the management company is waiting another 10 days. This is the maximum possible delay. Then the master comes, switches the lever or disconnects the wire in the distribution cabinet located on a common staircase or landing, locks and seals it. In new homes, you can limit the supply of electricity remotely, using special equipment.

Where to complain if the heating is turned off

Important: It is better to pay utility bills on time, as this may lead to litigation and additional costs. But if the heating regime is violated by a utility organization, you should not neglect your rights to refuse to pay for heat.

There is a state legal office where work with the population is carried out. A lawyer can help answer questions, explain the rights of the parties, and, if necessary, draw up a statement of claim in court.
You can always use the services of a private law firm. This option will not be free, but it will be effective. Not only will specialists help you sort out the situation, they can also be present at the trial if the client so desires.
No less effective will be the help of an online lawyer who answers questions around the clock regarding disputes regarding the calculation of utility bills and the unlawful termination of heat supply to the apartment.

Lawyer Anisimov Representation and defense in court

104. In the event of the occurrence (threat of occurrence) of emergency situations in the heat supply system, in order to prevent long-term and deep violation of the temperature and hydraulic conditions of the heat supply systems, sanitary and hygienic requirements for the quality of the coolant, complete and (or) partial limitation of the consumption mode is allowed (hereinafter - emergency limitation) , including without agreement with the consumer when it is necessary to take urgent measures. In this case, an emergency limitation is introduced provided that it is impossible to prevent these circumstances by using thermal power reserves.

What will be turned off if you don’t pay your bills: three questions for utility companies

Light, hot water and gas. Heating and cold water cannot be turned off due to sanitary standards. According to government decree No. 307 of May 23, 2006 “On the procedure for providing utility services to citizens,” the utility service provider has the right to suspend or limit the supply of hot water, electricity and gas to the consumer in the manner prescribed by law.

Kaliningrad Vodokanal involves collection agencies in working with debtors; they decided to introduce a similar practice in September 2012. However, first they try to find peaceful ways to collect debts. If a willful defaulter is discovered, specialists in pre-trial collection of receivables take on the work. Department employees communicate with defaulters by phone, go to meet them and send warning letters. More than 60% of debts can be settled out of court.

Turning off the heating for debts

Do they have the right to turn off the lights without a court order? The Government of Russia, by its resolution (No. 354, May 6, 2011), provided utility service providers with the right to stop supplying them to the defaulter without going to court and without a court decision. The only thing required from the supplier:

However, for this it is necessary to prepare copies of written statements, complaints, claims to other institutions, copies of their official responses and other documentary evidence of violation of their rights and measures taken. What is also important for consumers to know is that the rules for turning off water state that this procedure is only possible if the debtor has not paid anything at all for the resource for three months.

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You can’t turn off heat and water even for debts

This scenario can be avoided, especially since today the legislation welcomes the payment of utility services

without intermediaries, directly to suppliers.
This became possible thanks to the New Rules for the Provision of Public Utilities ( Resolution of the Government of the Russian Federation No. 354
).
To take advantage of this right, the owners of apartments
and non-residential premises need to hold a general meeting and make an appropriate decision by a majority vote, and then enter into an agreement with
the resource supply organization
. DEBT OF THE POPULATION: If the entire house suffers due to
non-paying tenants
, then quick payment of debts can be achieved through the court, or (again in accordance with Decree of the Government of the Russian Federation No. 354) cut off debtors from electricity. As practice shows, after such measures, even the most persistent defaulters find money to pay bills or negotiate an installment plan.

If the agreement between the MA and the RSO provides for other conditions for terminating the supply of a communal resource than those provided for in Section XI of Rules No. 354, then this condition is void by virtue of Art. 168 of the Civil Code of the Russian Federation, according to which, a transaction that does not comply with the requirements of the law or other legal acts is void unless the law establishes that such a transaction is contestable or does not provide for other consequences of the violation.

Can a driver's license be revoked for loan debts?

In order for an irresponsible borrower to repay a debt taken from a banking structure, the bank can turn to a collection service for help. They will deal with the debtor using “their” methods. They can be both legal and illegal. Calls asking to pay a debt can be considered the most harmless.

If you meet with collectors, ask them for documentation that exercises the right to demand compensation for debt on a bank loan.
Ask them to present a certificate issued to them by the bank about the amount of debt, interest and penalties.
Suppose to resolve this issue in court, emphasizing that the borrower does not want to resolve the issue with the help of collectors, but is ready to do it in a legal way.
If collectors pester the borrower with provocative calls, they must be informed that all conversations are being recorded and will be transferred to law enforcement agencies for further investigation.
Representatives of dubious organizations should not be allowed into the house. Their attempts to enter the home without permission must be recorded and contacted to the prosecutor's office for an investigation.

29 Jul 2020 glavurist 318
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