How to Write an Application for Recalculation for Heating

Sometimes residents of apartment buildings are faced with the problem of poor quality or incomplete provision of housing and communal services. One such situation may be the lack of adequate heating in the apartment. This may be a mismatch in temperature conditions, a complete lack of heating during the corresponding season, etc. In all of the above cases, residents have the right to write an application for recalculation of the payment for heating. How to do this, what documents are needed and where to go in this case, we’ll try to figure it out further.

Documenting

So, if the full volume of heating is not supplied to the apartment, then the owner has the right to pay less for it. To do this, you must first record a deviation from the norm. This can be done by drawing up appropriate acts.

To do this, a representative of the housing organization is called, who is obliged to measure the temperature in accordance with all rules and standards in each room of the apartment.

After this, whatever the indicator, the responsible housing and communal services employee is obliged to include it in the relevant act and sign it. In addition, the act must indicate the date and time of preparation.

Residents have the right to familiarize themselves with it and present it as evidence of the absence of appropriate temperature conditions in the apartment.

In addition to acts at the beginning and end of the period, recording the discrepancy in heat supply to the apartment, you will need a certain set of documents:

• application for recalculation;
• receipts for payment for heating to confirm that the owner repays the debt to the company manager in a timely manner and in full;
• information about the area of ​​the room;
• other necessary documents.

With the assembled package, you must contact the organization that provides heat in this house. In addition, it is necessary to draw up an application in one copy, and at least in two. The management company will accept one, and the second will be signed by the responsible employee and provided to the applicant. This will confirm that the documents have been accepted for consideration.

Application for recalculation

A mandatory element included in the package of papers required for recalculation is an application. How to write an application for heating recalculation? An exact sample or regulated form of this document has not been developed. A sample application can be downloaded for your reference. That is why the owner has the right to draw it up in free form. However, it is necessary to comply with the norms of a business letter, and also be sure to exclude some points from the application:

• name of the organization and official to whom the applicant is applying;
• information about the applicant;
• the name of the document being drawn up, that is, the application;
• the text in the main part of the application is stated indicating such data as the temperature in the room with reference to the drawn up acts, temperature standards by law with reference to regulations and temperatures outside;
• request for recalculation;
• date of application, signature of the applicant.

It is imperative to indicate all legislative acts, GOSTs, SNiPs and other documents that were violated due to the lack of heat supply to the apartment. This will allow the management company to respond to the application faster.

Often, the legal illiteracy of the population serves as a basis for refusing recalculation or as a reason for the management company to stall for time.

The emergence of controversial situations and their resolution

Despite numerous acts and legal documents, as well as norms, consumers continue to face unlawful actions on the part of the management company. Often the owner, when requesting a recalculation of heating fees, receives an unmotivated refusal.

How to write an application?

An application for recalculation of heating charges must include:

• name of the management company;
• applicant's details (full name, address, contact phone number);
• document's name;
• reasons for the recount;
• deadlines for making a decision;
• consequences of failure;
• list of documentation;
• date and signature.

The consequences of refusal include an appeal to Rospotrebnadzor, the prosecutor's office and the court.

Sample application

To the Chairman of the Solnechny Homeowners Association, A.S. Karpenko from Gulkina I.I. Address: Novosibirsk, Kosmonavtov street 18-21

Statement

I am the responsible payer for the provided housing and communal services, including heating. During the period of living in this house, she never made any missing or late payments. All receipts for services provided are paid in full by me.

During the period from November 6 to November 16, 2020, the air temperature in the apartment was 15 degrees. The temperature standard in premises intended for residential use is established by Government Decree No. 354 of May 6, 2011, SanPiN 2.1.2. 2645-10, GOST R 51 617-2000. The minimum temperature should be 18 degrees. All measurements taken must be set out in reports attached to the application.

In connection with the above, I ask you to recalculate payment for heating in the period from November 6 to November 16, 2020.

Gulkina I. I. 11/19/2016

As a result, all homeowners may demand a recalculation of heating payments due to a violation of their rights and legal norms. If residents notice that it is cold in the apartment, or heating is not provided at all during the corresponding period, they have the right to file a statement and seek a recalculation of payment. This can be done by first measuring the temperature and recording it in the appropriate form. An application for recalculation of heating payments is written in free form, but taking into account certain rules for filling out such documents. If the management company does not fulfill its obligations, the applicant has the right to file a lawsuit.

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Recalculation towards lower rent

It is this option that is most interesting for ordinary citizens. It is produced exclusively at the initiative of the consumer.

Long-term absence of residents from the apartment

It is quite possible to achieve a reduction in the amount you pay for utilities while you are not living there.

If you have not been at home for more than 5 days, then the amount for payment for water supply, gas and electricity will be recalculated. That is, this recalculation option is available only to those tenants whose housing is not equipped with metering devices, and they pay for services based on the tariff schedule for the region.

The recalculation will not affect the amount of payment for telephone, heating, cleaning of the local area, etc.

​

You will need to attach documents that can confirm your absence from the apartment within the specified period:

• Sick leave from the hospital;
• Travel documents, hotel receipts;
• Certificate of temporary registration in another city or region;
• Travel certificate;
• Document from the dacha/garden department;
• Copies of international passport with border crossing marks (with dates);
• Certificates from places of detention.

A sample application to the Criminal Code for recalculation of the amount of payment for services can be found on the Internet.

Service interruption

Permissible Termination of Services:

• Gas supply : for 4 hours during one calendar month;
• Power supply - about 2 hours (provided that the service provider has one power source) or a day (provided that the service provider has two power sources);
• Heating : the room temperature should not be lower than 12 °C.
• Water supply (hot or cold): in case of non-emergency, shutdown is allowed for no more than 8 hours during a calendar month or 4 hours at a time. In the event of an emergency, the time of the permitted shutdown will depend on the size of the settlement: in the village. a village inhabited by less than 5 thousand people - no longer than a day; n. village with a population of 5-50 thousand people - no longer than 6 hours; n. village with a population of over 50 thousand people - 10 minutes.

All breaks that go beyond the established standards will become the basis for residents to demand that their HOA recalculate their payment amount.

For example, if there was no hot water supply in the apartment for a week, then the owner of the property must write an application for recalculation of hot water (the sample will be the same as when requesting recalculation of another service) with a request to change the payment amount.

Inadequate quality

All utilities are limited by quality standards. What can be attributed to poor quality delivery :

• Water supply: low water pressure, the presence of impurities and suspensions in the water, unpleasant odor of water, its turbidity. Temperature standards have also been established for hot water: not lower than 60 °C, but not more than 75 °C.
• Power supply: fluctuations in current strength, non-compliance with GOST standards (this can lead to damage to electrical appliances).
• Heating: the pressure in the system should not deviate from the norm; the temperature in living rooms should fluctuate between 18-20°C and not fall below (for a bathroom this figure should not be lower than 25°C); the water entering the batteries must have a certain chemical composition so as not to spoil the pipes and radiators.
• Gas supply - low gas pressure; physical and chemical indicators of natural gas differ from the specified standards.

Regulations for actions upon detection of violations

• A complaint is filed that the services provided are of inadequate quality. The complaint is sent to the Criminal Code (HOA, TSN);
• Within two days (1 business day after filing a complaint), the consumer must be provided with a response describing the reasons that led to the deterioration in quality. The same answer should also contain a description of troubleshooting methods;
• If the service provider does not agree with the tenant’s requirements, then the latter must call a representative of the management company to draw up a report on the real state of affairs (for example, to measure the air temperature in the room during the heating season). To do this, the apartment owner must send a registered letter (with notification) describing this requirement;
• If the HOA ignores the applicant’s demands, then the act can be drawn up independently. It must indicate the date, time and location of the measurements. You can invite neighbors, a senior person in the house, or representatives of Rospotrebnadzor as witnesses. This act will later be evidence in court.

When the tenant receives a report in which all non-compliances are recorded, the next step is to write an application requesting a recalculation.

Housing and communal services in Russia

I remind you that the Law of the Russian Federation No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”, in case of violation of the ten-day deadline for satisfying the consumer’s demand for recalculation of fees for services provided of inadequate quality (clause 1 of Article 31), provides for the payment of a penalty (penalty) to the consumer ) for each day of delay in the amount of three percent of the price of the service.

1. During October - November 2009, at outside air temperatures from + 5 to - 5 o C, the air temperature in the apartment did not rise above 17 - 19 o C, and when frosts reached 20 o C in December 2009, it dropped to 15.0 - 17.6 o C.
2. The fact is that the air temperature in apartment No. 124 of building No. 1 on the street. Kudminskaya is below the maximum permissible temperature of 18 degrees C, regulated by GOST 30494-96 “Residential and public buildings. Indoor microclimate parameters”, pp. 3.1, 3.4, and SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”, clause 4.1 and appendix 2;, established:
3. Commission of the House of Culture of the Nizhny Novgorod region 27.11. 2009 and is confirmed in the letter of the House of Culture of the Nizhny Novgorod region dated December 2, 2009 No. 2080/0121 - the temperature was recorded at 16.0 o C, and in the corner room - 14.5 o C;
4. State Housing Inspectorate of the Nizhny Novgorod Region on November 30, 2009 (inspection report No. 515-04-4449/1) - the air temperature was recorded at 15.6 degrees C, in the corner room - 14.3 degrees C.
5. The air temperature in the apartment was similar throughout December 2009.

What to do if recalculation for heating is refused?

If the interested party has been refused a request to recalculate heating costs, he has several options for further resolving the conflict:

• filing a complaint with the prosecutor's office or housing inspectorate;
• filing a corresponding claim in court.

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In conclusion of the topic under consideration, it must be said that the current housing legislation of the Russian Federation allows citizen-consumers in a number of cases to demand a recalculation of fees for heating services. In this case, the application must be made in writing and with appropriate documentary evidence.

Sources:

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Application for recalculation of utilities

A claim in court for recalculation of utility bills is considered in accordance with all the rules of civil proceedings. If the amount of the claim is less than 50,000 rubles, then it is submitted to the magistrate’s court. Most often, it is this authority that deals with issues related to public services.

• the name of the court in which the claim is filed;
• information about the plaintiff: his last name, first name, patronymic, residential address;
• name of the defendant’s organization, address of its location;
• it is necessary to register all violations that currently exist;
• justification for the violation - links to documents, examination materials, links to legislation;
• a request to the court - it is contained in recalculation for a certain period;
• Appendix - description of documents and copies;
• signature and date of submission of documents.

Application for recalculation of utility bills: sample document and useful tips

A week later I received a call from the RCC TsGIS that the additional payment for water was almost 900 cubic meters .. to which I immediately began to figure it out and write to call (calls and replies to electronic requests are of no use (Gorvodokanal says sort it out with the RCC, and the RCC to the Gorvodokanal ... to The organization does not answer specific questions from my side)

until 2011, they were covered with cold -441....hot -128......where my cubes are not clear (in the city water utility, the contract was initially drawn up incorrectly under the name DOSH...(the owner of the apartment is Dosta N.V., to which I asked the city water utility a question, they said it doesn’t matter ....this is just terrible (it turns out these are not documents.)

Heating recalculation: grounds, registration procedure and possible causes of cold in the apartment

Let's calculate how much the price of heating in an apartment located in the city of Komsomolsk-on-Amur will decrease (the average temperature of the coldest five-day period is noticeably lower than -31 degrees). Let's take December (31 calendar days) as an example; Let’s agree that the full payment for heating is 2,500 rubles, and the temperature in the rooms located in the middle of the building was 15 degrees all month.

1. At night, the normal temperature is 17 degrees (20 - 3C). There are 5*31=155 night hours in a month. Thus, for night time we can demand a refund of 2500 (full cost of heating) * 155 (number of night hours) * (17-15 C) * 0.0015 (the same 15%) = 1162 rubles.
2. During the day we have already received less than five degrees. Daytime hours in a month are 19*31=589. The calculation, therefore, looks like this: 2500*589*5*0.0015=11043 rubles. However, housing and communal services owe us a significant amount!

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Application (for recalculation of heating fees)

I remind you that the Law of the Russian Federation No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”, in case of violation of the ten-day deadline for satisfying the consumer’s request for recalculation of fees for services provided of inadequate quality, provides for the payment of a penalty (penalty) to the consumer for each day of delay in in the amount of three percent of the price of the service.

Temperature standards in residential premises are regulated by: GOST R 51617-2000 “Housing and communal services”, Decree of the Government of the Russian Federation of May 6, 2011 N 354, and SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises"

Recalculation of heating costs - in what cases is it possible and how to do it?

Art. 153-155 of the Russian Housing Code establish the obligation of citizens to pay for living quarters and utilities, including heating. In this case, the determination of the amount of payments is carried out in accordance with the rules defined by Decree of the Government of the Russian Federation No. 354 of 05/06/2011.

At the same time, in a number of cases situations arise when the consumer of services needs to recalculate payments for housing and communal services. In this regard, we will consider the grounds and procedure for carrying out these actions in relation to the heating service.

The procedure for recalculating heating fees: regulations, rules for drawing up an application

The last point is more important than filling out a sample application for recalculation of heating fees. The technical component of the issue is decisive. Therefore, it is recommended to first consult with the Housing Office or the Management Company, providing them with a copy of the document.

The key point if you want to change the amount of payment for heat supply is to do your own calculations. Currently, there is no general formula for recalculating heating costs, since the reasons for initiating this process can be different - from low temperature in the radiators to a complete shutdown of the heat supply.

Grounds and conditions for holding

In accordance with the Regulations that regulate the procedure for recalculating payments for utility services, this procedure is carried out in one of the following situations:

• If no one lives on the territory of the apartment for a certain period of time or fewer people live than the one for which payment is calculated. In this case, the key point is the provision by the consumer of documents that could confirm the existence of a legal basis for carrying out this procedure.
• If the family received subsidies, then utility bills are paid at reduced rates. In this case, the poorest families are given the opportunity to pay no more than 6.33% of their own income.
• If the provision of services was not carried out in full or the supplied resources were not of appropriate quality. In particular, this applies to situations when rusty water starts flowing from the tap or the management company does not remove garbage for a long period of time.

In this case, the amount may be reduced only for a certain list of utilities, including all kinds of resources, as well as garbage collection and sewerage. Thus, heating and various services of the management company aimed at maintaining common property will have to be paid for.

Sample application for recalculation of utility bills

Recalculation for utilities according to Resolution 354

In what cases is it worth insisting on recalculation in order to pay fairly for heating your home? Local authorities do not always carefully monitor the work of housing and communal services enterprises and management companies. And recalculations, if they happened, most often only increased the amount of payments from heat suppliers.

Payment for heating an apartment must correspond to the temperature maintained in the room. If residents of an apartment building can provide an example of temperature deviation or non-compliance with standards, they should insist on recalculating the payment .

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If you live in an apartment building, and you and your neighbors have complaints about the quality of the water supplied, or about systematic interruptions in the supply of gas, heat or electricity, you can draw up a collective application for a reduction in payments, attaching all the necessary evidence.

In both cases, recalculation will be more difficult to achieve, since the application will need to be accompanied by evidence with the results of the examination, reports, measurements, but this does not mean that the consumer must now pay for cold radiators or dirty water in the tap.

How to submit an application for recalculation of heating payments

A mandatory element included in the package of papers required for recalculation is an application. How to write an application for heating recalculation? An exact sample or regulated form of this document has not been developed. A sample application can be downloaded for your reference. That is why the owner has the right to draw it up in free form. However, it is necessary to comply with the norms of a business letter, and also be sure to exclude some points from the application:

With the assembled package, you must contact the organization that provides heat in this house. In addition, it is necessary to draw up an application in one copy, and at least in two. The management company will accept one, and the second will be signed by the responsible employee and provided to the applicant. This will confirm that the documents have been accepted for consideration.

Recalculation for utilities is carried out at the request of the owner of the apartment or house. As a rule, citizens do not agree with the accrued amount because there was an error in the calculations or the overpayment for previous periods was not taken into account. Whatever the reason for indicating an inaccurate amount, the property owner must request an audit and recalculation of the amount of payment.

Read more: Is it possible to temporarily register tenants?

How to correctly write a heating application to a management company (sample)

To file a claim for recalculation of fees for housing and communal services, you need legal grounds. Reasons for recalculation. To file a claim for recalculation of fees for housing and communal services, you need legal grounds. And in case they do not have private meters installed. Who should I contact or call if the batteries are barely warm? Here you need to write a claim for recalculation directly to the housing and communal services.

Because of this, we have to pay crazy amounts of money, and at the same time, the amount on the payment slips increases every month. Tell me what to do and what application to contact the company with?

To confirm that the services were of poor quality, you need to obtain a certificate:

• if this violation is detected, a written complaint is drawn up and submitted to the company providing the services;
• After one business day, the consumer is given a response about the reasons that caused the deterioration in quality and ways to eliminate it;
• if the supplier does not agree, you must call a representative of the organization who will make a control measurement, for example, of the air temperature in the apartment or the gas pressure in the system (the call is made by sending a registered letter with notification);
• if there is no response to the call, a complaint is filed with Rospotrebnadzor.

It defines the procedure for recalculating heating fees, and also indicates what exactly needs to be done. As practice shows, even housing and communal services workers sometimes do not know the requirements of this document. It is easier for them to refuse than to be guided by the Resolution.

Before submitting an application, the occurrence of each of the current situations must be documented. To do this, you should call a housing and communal services representative so that the appropriate act is drawn up. It is quite possible to receive a reduction in utility bills for the period while you are not living in the apartment.

According to Resolution 354 of the Government of the Russian Federation, owners of apartment buildings received a number of benefits regarding payment for the consumption of residential complex services. For example, citizens have the right to submit an application containing a requirement to recalculate heating costs.

A recalculation for utilities is carried out according to Resolution 354, it indicates all the nuances and standard formulas used when adjusting heating payments.

What is meant by recalculation?

Every month, owners of apartments and private houses receive receipts for utility bills. Tariffs are determined by management companies and service providers, and they also make the actual calculation of the amounts to be paid in a specific period. There are various situations that require a revision of the accrued amount of payments. This requires a recalculation. Based on an application or oral complaint from a citizen, employees of the management company or service provider initiate a review of previously paid funds and carry out new calculations in accordance with the circumstances that have arisen.

Recalculation can be made in the following cases:

• Errors in calculations, including incorrect indication of the total area of ​​the apartment and omission of payment for the previous period.
• Absence of residents from the apartment or house for a long period of time (payment for services by meter in this case should not be made).
• Poor quality of services (for example, poor water pressure, insufficient hot water temperature, etc.).
• Complete lack of service (for example, elevator breakdown, long-term water outage, etc.).

Not only the owner of the apartment, but also the tenant will be able to request a recalculation. As a rule, the management company and service providers do not ask for documents and accept applications from all citizens.

Recalculation for utilities according to Resolution 354

Recalculation of utilities is regulated by Resolution 354, adopted in 2011. In 2020, minor adjustments were made to it. The document secures the rights of citizens to carry out recalculation, taking into account legal grounds, as well as the procedure and rules for its implementation. The document stipulates the conditions for the provision of utility services, the frequency of their payment, the calculation procedure and the quality of implementation. If a citizen is not satisfied with the quality of public services, if they do not meet the standards, he has the right to demand a recalculation.

In what cases is it possible to recalculate heating costs?

The rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings provide several grounds for changing heating fees:

1. If it is incorrectly determined for the billing period (calendar month). In this case, we can talk about cases where the installed communal metering device has failed, has not passed the necessary verification, has not been put into operation for the new heating season (or if the area of ​​the premises does not correspond to the tariffs).
2. When providing utility services with interruptions exceeding the established duration, or of inadequate quality. This is stated in Section 9 of the Rules (RF Government Decree No. 354).

Important: changing the fee in the second case is carried out according to certain formulas (Appendix No. 1 “Requirements for the quality of public services”).

Recalculation for housing and communal services: where to go

To recalculate utility bills, you must contact the management company or the supplier’s office. You may need to write an application in two copies. It indicates a request to recalculate the amount of payment for the service and the reasons for the request. A sample application for 2020 can be downloaded below.

As a rule, an application is written to review the fixed amount of the service, i.e. rent, elevator operation, garbage removal. Its consideration takes place within ten days. Recalculation of metered services (water, gas, electricity) is possible if company employees took incorrect readings or entered average values ​​because they did not have access to metering devices. A similar situation may arise if there are no residents in the apartment. So, the company will charge the service by setting average indicators that have not yet been used, which indicates the need for recalculation.

There is a list of services that cannot be recalculated or temporarily suspended while residents are leaving the apartment. These include rent, garbage removal, cleaning of entrances, elevator maintenance, and contributions for major repairs. They are paid regardless of whether the tenants lived in the apartment or not. You can apply for a recalculation of these services only if there are errors in the calculations and inaccurate data on the area of ​​the premises.

Recalculation of payments for utilities

Since 2006, every Russian has the right to demand that the company providing them with utility services recalculate the payment for these same services. For its part, the management company also has the right to recalculate. This must always be remembered.

Recalculation towards increasing the cost of services

The management company can recalculate the cost of services upward:

• If the controller, when checking the metering device, finds damaged seals;
• If an unauthorized tap into the water supply or drainage system is detected;
• Overdue verification of metering devices (in this case, the service may be charged not according to actual use, but according to consumption standards per person).

Recalculation downwards

In turn, the consumer may request a recalculation towards a reduction in the total payment amount. What are the grounds :

• If the tenant has not lived (or plans to be absent) from his/her living space for a long time;
• Services were not provided for a period longer than stated (for example, there was a planned shutdown of hot water, but it was then turned on two weeks later than the specified day);
• The services provided do not meet the declared quality or established standards (hot water is supplied at a temperature no higher than room temperature, or gas pressure is weak, or the radiators are not hot, but barely warm).

In this case, the citizen has the right to write an application for recalculation of utilities (the 2020 sample is described below). The completed application must be sent to your management company (HOA, TSN, etc.).

There is another option for accessible recalculation: if the residents have installed metering devices in the apartment (for example, for water), and the receipt for payment for water supply has still arrived at the tariffs of the consumption rate for each resident. In this case, the tenant must write to the management company an application for recalculation of water according to meters (a sample can be obtained from your HOA).

When may it be necessary to recalculate metered services?

Individual metering devices make it possible to pay for the amount of resources actually spent.

These include:

1. Electric meters.
2. Water meters (for cold and hot water).
3. Heating meters.
4. Gas metering devices.
5. Electricity meters are required to be installed in every apartment and house, the rest are at the request of the owners. If there are no meters, citizens pay for services at average rates.

Recalculation of metered services may be necessary in the following cases:

• Discrepancy between the indicators indicated on the receipt and the actual ones.
• Violations related to recording readings after installation of the meter.
• Providing services of inadequate quality (rusty water, lack of hot water, low voltage).

The first two options involve recalculating the amount taking into account actual meter readings. The latter makes it possible to reduce payments by certain percentages. So, the temperature of hot water should be at the level of 60-70 degrees, if it varies within 30-40 degrees, the service can be considered not provided, i.e. There can be no talk of any payment.

General recalculation rules

The main reason for reducing payments for heating is to reduce the temperature in apartment rooms. If the actual number does not correspond to the standard average, you need to take action to protect your interests.

First, you need to contact the management company, write a letter or call, so that their specialist can come to study the problem. Then actions are carried out depending on the reaction of the management company.

There is no exact formula for calculating a common house meter, since the amount of supplied thermal energy does not always correspond to the quality of heating and temperature standards.

To do the recalculation yourself, you can use this formula.

• First you need to calculate the difference between the standard air temperature and the actual one.
• Then you should calculate how long there was a violation of heat supply standards (this indicator is recorded in hours).
• Another number is the size of the standard monthly payment.
• Every hour the heating mode is disrupted is minus 0.5% per degree. The monthly payment is multiplied by the number of hours, by the number of degrees and by 0.15%.

ATTENTION! When determining the recalculation amount, you need to take into account the time - day, night. The normal temperature depends on the time of day.

Recalculation can be done both with centralized heating and when the volume of heat is recorded using individual metering devices. In order for the surcharge for poor quality of utilities to be implemented, you need to weigh the legitimacy of your claims and collect supporting documents.

Video about how to correctly take meter readings from water.