Recalculation of utilities after the death of the owner

The legal topic is very complex, but in this article we will try to answer the question “Recalculation for water in 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

It turns out that the person was already paying more for this period than he could have, and then he found himself in debt for something else. No one can really explain why he should pay for something: neither the lawyer for the State Budgetary Institution Zhilischnik in the Obruchevsky district, nor the employee of the MFC.

Basic housing office services and heating are paid in full, even if the person does not live in the apartment at all. Only the amount of payments for sewerage, water supply and disposal, and electricity can be revised.

Housing and communal services in Moscow: water deception in the Obruchev style or how not to pay for water

Summary: for the vast majority of apartments in Moscow that are not equipped with water meters, it has become almost impossible to receive a recalculation of payments for water supply and sanitation during the absence of the owners.

  • the owners went on vacation;
  • the only tenant was hospitalized or detained for a long time;
  • the owners purchased a new living space, and the old one is standing idle, waiting for buyers;
  • The property was purchased for investment purposes and has not yet found tenants.

Recalculation of utility bills in the absence of a tenant in 2020

Recalculation of utility bills is an opportunity not to overpay for water and sewerage if no one has lived in the apartment for more than five days. It is carried out by the management company in the current or next month.

For which services it is possible to recalculate payments for the period of temporary absence of citizens

Do we always pay the same amounts for housing and communal services? No, because if you didn’t use some services (for example, the hot water was turned off), the management company makes a discount. But these reasons do not depend on the will of the owner. Is a tenant entitled to recalculation of rent for an apartment if he left and did not consume services of his own free will? We'll figure this out.

Temporary absence of residents means that utilities have not been used for more than 5 days. If the owner was away for only 4 days, then he will not be able to issue a recalculation. As for the maximum period, it has not been established

. And before recalculating the rent, you need to find out where and who you need to contact.

How is payment for utilities recalculated in connection with the death of a disabled beneficiary?

There are three people in the family - two disabled beneficiaries and one owner of the living space. Thanks to the beneficiaries, the payment for housing and communal services was 50 percent of the full amount. One of the beneficiaries died and the question arose - how to recalculate housing and communal services now?

Anton. Hello. Since you write that the benefit was 50%, then I assume that only benefit recipients were registered in the apartment. Accordingly, after the death of one, the benefit should also be 50%. If the owner is also registered, then the payment would be distributed as follows: the owner pays 1/3, beneficiaries pay 1/2 of their 1/3, i.e. 1/6 each. The accounting department of your management company can reliably explain the accrual procedure to you.

Recalculation of utility bills in case of temporary absence of tenants - in 2020

The legislation does not provide for recalculation of rent for those who do not have meters, but have the opportunity to install them. There is only one exception in this case - if the residents were absent from home “as a result of force majeure.”

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General information

If during the entire period of registration of the inheritance the apartment was not used, that is, the residents were actually absent, then the relevant services can recalculate. But in practice, it is quite difficult to prove that the living space was not used by heirs or tenants.

Hello. In my apartment, the water flows from a hot tap at a temperature of 33 degrees. The Criminal Code drew up an act on this violation. The act indicates the start date of the violation and the date of inspection. Question: how to calculate the recalculation period? I pay for metered water on the 23rd-25th of every month.

This scheme applies only when a citizen has metering devices installed in his apartment. If there are none, then the consumption rate for hot and cold water provided for in the region of the Russian Federation is initially applied. This happens by analyzing receipts from housing departments and water supply meters.

Recalculation for hot water of inadequate quality

The full estimated cost is charged upon quality provision of the service. Such parameters are regulated by legal norms. According to SanPin, the supplied hot water, at the place where the resident receives it, must correspond to a temperature range from 60 degrees to 75 maximum. Such conditions must be provided all year round.

  • payment for general house needs (cold, hot water, sewerage, electrical energy, heating) from 01/01/2020 is classified as a housing type of service and is an integral part of expenses for residential premises;
  • To determine the volume of common house costs, it is necessary to use a formula that determines the difference between the indicators of common house meters and apartment meters. If there are no communal meters, then the amount of these deductions will depend on the square footage of the apartments and the amount of areas of common property (proportional calculation);
  • Calculation standards for determining general household expenses must be determined by June 1, 2020. With the start of their use, all charges exceeding certain standards will be paid at the expense of resource supply organizations;
  • in the event that the owner was absent from his apartment for a certain period, recalculation will be made if metering devices are available. If they are missing, then the owner, in order to carry out the recalculation, will need to prove with the help of documents the fact of his absence;
  • in the absence of persons registered in the apartment, charges for housing and communal services will be made based on the number of owners.

1. Recalculation of fees for housing and communal services.

Recalculation is a change in the previously accrued amount of payment for residential premises and utilities due to a change in conditions. Current legislation provides for the recalculation of fees for housing and communal services in the manner prescribed by the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the procedure for providing utility services to citizens”, Decree of the Government of the Russian Federation dated 08/13/2006. No. 491 “On approval of the rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) intermittently, exceeding the established duration."

2. Recalculation of fees for housing services.

The rules for changing the amount of payment for the maintenance and repair of residential premises (including the maintenance of elevator facilities and removal of mercury-containing waste) in the case of provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration are approved by the Decree of the Government of the Russian Federation dated 13.08. 2006 No. 491. In cases of provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration, the management bodies of the homeowners’ association, housing, housing construction cooperative or other specialized consumer cooperative, the management organization, and in the case of direct management of an apartment building persons providing services (hereinafter referred to as responsible persons) are obliged to reduce the amount of payment for the maintenance and repair of residential premises to the owners of the premises. Owners of premises have the right to apply to change the amount of payment to the responsible person (MC, HOA, housing cooperative), and tenants of residential premises occupied under a social tenancy agreement or a rental agreement for residential premises of a state or municipal housing stock (hereinafter referred to as the tenant) - to the landlord . When an apartment building is managed by a management organization, tenants have the right to apply to change the amount of the fee to the relevant management organization. An application to change the amount of the fee can be sent in writing or made orally within 6 months after the relevant violation and is subject to mandatory registration by the person to whom it is sent. A person to whom a statement is sent in writing or made orally is obliged, within 2 working days from the date of its receipt, to send, respectively, to the owner of the premises or the tenant a notice of the date of its receipt, registration number and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal. When applying in person, a copy of the application from the owner of the premises or tenant of the residential premises is marked with the date of its receipt and registration number. The fact of detection of inadequate quality of services and work and (or) exceeding the established duration of interruptions in the provision of services or performance of work is reflected in an act of violation of quality or exceeding the established duration of the interruption in the provision of services or performance of work. This act is the basis for reducing the amount of payment for the maintenance and repair of residential premises.

3. Recalculation of utility bills.

Citizens have the right to recalculation if they are provided with utility services of inadequate quality or with interruptions exceeding the established duration. The Rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, contains Appendix No. 1, which clearly states under what conditions fees for utility services are subject to reduction. In accordance with paragraph No. 5 of Appendix No. 1 to the Rules for the provision of public services to citizens, the provision of hot water temperature at the point of distribution must be: at least 60 degrees. C - for open district heating systems; not less than 50 degrees. C - for closed district heating systems; no more than 75 degrees. C - for any heat supply systems. The permissible deviation in the temperature of hot water at the point of analysis at night (from 23:00 to 6:00 hours) should be no more than 5 degrees. C; in the daytime (from 6:00 to 23:00) by no more than 3 degrees. C. For every 3 degrees. When the temperature drops above permissible deviations, the fee is reduced by 0.1 percent for each hour of excess (in total for the billing period) of the permissible duration of the violation; when the hot water temperature drops below 40 degrees. Payment for consumed water is made according to the tariff for cold water. During interruptions in the provision of utility services exceeding the established duration, as well as when preventive maintenance is carried out once a year, the payment for utility services in the absence of collective (common house), common (apartment) or individual metering devices is reduced by the amount of the cost of the utilities not provided. The volume (quantity) of a utility resource not provided is calculated based on the utility service consumption standard, the number of consumers (for water supply, sewerage, electricity and gas supply) or the total area of ​​residential premises (for heating), as well as the time of non-provision of the utility service. If the contractor, after concluding the contract, does not promptly begin to provide utility services, the consumer has the right to demand from the contractor compensation for losses incurred and payment of a penalty in accordance with civil law, legislation on the protection of consumer rights and the contract. What should a consumer do if utility services are not provided or are of inadequate quality? It is necessary to immediately notify the contractor’s emergency dispatch service or other service specified by the contractor. This notice may be given in writing or orally. This message must be registered by the emergency dispatch service. In this case, the consumer is obliged to provide his last name, first name and patronymic, exact address of residence, as well as the type of utility service not provided or the utility service provided is of inadequate quality. The emergency dispatch service employee is obliged to provide the consumer with information about the person who accepted the application (last name, first name and patronymic), the registration number of the application and the time of its receipt. If the emergency dispatch service employee knows the reasons for this request, he is obliged to immediately inform the consumer about this and make an appropriate note in the application log. This mark serves as the basis for the contractor’s recognition of the fact of failure to provide utility services or the provision of utility services of inadequate quality. Otherwise, the emergency dispatch service employee is obliged to agree with the consumer on the exact time and date of establishing the fact of non-provision of utility services or checking the quality of provision of utility services. Based on the results of the inspection, an act on the non-provision of utility services or the provision of their inadequate quality is drawn up, which is signed by the consumer (or his representative) and the contractor (or his representative). The act of non-provision of utility services or provision of utility services of inadequate quality indicates violations of quality parameters, the time and date of the beginning of the non-provision of utility services or the provision of utility services of inadequate quality. The start date of non-provision of utility services or provision of utility services of inadequate quality is considered to be: - The time the consumer submits an application for the fact to the emergency dispatch service; -The time specified in the act, if the contractor identifies the fact of provision of utility services of inadequate quality; -The time of the start of the provision of utility services of inadequate quality, recorded by collective (community), common (apartment) or individual metering devices - in case of recording the provision of utility services of inadequate quality by metering devices. This act serves as the basis for recalculating the amount of payment for utility services, as well as for the contractor to pay a penalty for violation of its obligations in the amount established by federal laws and the agreement. If the contractor or third parties cause damage to the life, health and (or) property of the consumer or persons living together with him, the common property of the owners of premises in an apartment building, the contractor (or his representative) and the consumer (or his representative) draw up and sign an act, in which records the fact of causing such damage. The specified act must be drawn up by the contractor and signed by his authorized representative no later than 12 hours from the moment the consumer contacts the emergency dispatch service. If it is impossible for the consumer (or his representative) to sign the act, it must be signed by two eyewitnesses. Such acts are drawn up in two copies and have equal legal force. The period of provision of utility services of inadequate quality is considered over: From the date of signing by the consumer (or his representative) of the act on eliminating the deficiencies in the provision of utility services; From the moment the provision of utility services of adequate quality, recorded by the appropriate meter, is resumed. For recalculation of utility bills when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, you must contact the utility service provider (management company, HOA, housing cooperative) with a written claim. If the contractor does not satisfy your claim voluntarily, you have the right to appeal to the Court.

4. Recalculation for the period of temporary absence.

The procedure for recalculating fees for certain types of utility services for the period of temporary absence of consumers in occupied residential premises was approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the procedure for providing utility services to citizens.” If a consumer is temporarily absent from a residential premises for more than 5 full calendar days in a row, payments for cold water supply, hot water supply, sewerage, electricity supply and gas supply are recalculated. Recalculation of the amount of payment for the specified utilities is carried out in the absence of individual metering devices in the residential premises for the corresponding types of utilities. Recalculation of the amount of payment for utility services is carried out by the contractor (for example, a management company, HOA, housing cooperative or JSC TRITs) within 5 working days based on a written application from the consumer submitted within a month after the end of the period of temporary absence of the consumer. The results of recalculation of the fee are reflected in the payment document. The application for recalculation shall be accompanied by documents confirming the duration of the period of temporary absence of the consumer and (or) persons living with him at the place of permanent residence. A document confirming the consumer’s temporary absence may be: - A copy of a travel certificate or a business trip certificate certified at the place of work; -Certificate of being treated in a hospital facility; -Travel tickets issued in the name of the consumer (if the consumer’s name is indicated in these documents in accordance with the rules for their execution), or copies thereof; -Invoices for accommodation in a hotel, hostel or other place of temporary stay or copies thereof; -Certificate from the internal affairs body on the temporary registration of the consumer at the place of his temporary stay; -Certificate from the organization providing security for the residential premises in which the consumer was temporarily absent; -Other documents confirming the temporary absence of the consumer. The Contractor has the right to make copies of documents presented by the consumer and verify their authenticity, completeness and reliability of the information contained in them, including by sending official requests to the authorities and organizations that issued them. Recalculation of the amount of payment for utility services is carried out in proportion to the number of days of temporary absence of the consumer, which is determined based on the number of full calendar days of his absence, not including the day of departure from his place of permanent residence and the day of arrival at this place. Recalculation of the amount of payment for sewerage is carried out in the case of recalculation of the amount of payment for cold water supply and (or) hot water supply. It should be noted that the recalculation of fees for the maintenance and repair of housing, elevator facilities, and removal of mercury-containing waste due to the temporary absence of consumers in the occupied residential premises is not carried out.

5. Recalculation of rent for residential premises.

According to Part. 1, 2 tbsp. 154 of the Housing Code of the Russian Federation, the structure of payment for residential premises and utilities for the tenant of residential premises occupied under a social tenancy agreement or a rental agreement for residential premises of the state or municipal housing stock includes: - payment for the use of residential premises (rental fee) ; - payment for the maintenance and repair of residential premises, which includes fees for services and work on managing an apartment building, maintenance and routine repairs of common property in an apartment building. (Major repairs of common property in an apartment building are carried out at the expense of the owner of the housing stock); -payment for utilities. Payment for residential premises and utilities for the owner of premises in an apartment building includes: - payment for the maintenance and repair of residential premises; -payment for utilities. According to Art. 223 of the Civil Code of the Russian Federation, ownership of residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and Transactions with It (from the date of issue of the certificate of state registration of ownership). Thus, the withdrawal of charges for and the carrying out of charges for subscribers who have privatized residential premises are carried out from the date of issue of the certificate of state registration of property rights (within the limitation period established by Article 196 of the Civil Code of the Russian Federation of 3 years). Please note that if the residential premises are privatized, but the receipt includes charges for “renting residential premises”, then you must contact TRITs OJSC with the appropriate application, passport and documents confirming the change in the form of ownership, and also request a recalculation.

Recalculation of Hot Water in 2020 According to Resolution 354

At the same time, recalculation occurs only when the residential premises are not equipped with general or individual metering devices (meters). Payments for general house needs, however, are not recalculated. They are calculated according to the tariffs and standards provided for in the corresponding region. At the end of the heating season, the housing company recalculates and either returns the money paid or makes adjustments in the opposite direction. Payment in excess of the norm is a common option when the owner does not send meter readings to government agencies for various reasons, so he is required to recalculate the next month.

How to achieve recalculation of utility bills for water according to the meter

Having looked more closely at the legislative framework, I inform you that in accordance with government decree 354 of May 6. N 354, date of resumption of utility provision. Rules according to the Decree of the Government of the Russian Federation dated 354. Government Decree 354 dated. Changes in legislation, including innovations in recalculation for water heating services. Recalculation The fact of violation may be untimely supply of heating, hot water, rusty. According to government decree N354 On the provision of communications. Recalculation of payment for hot water. Decree of the Government of the Russian Federation No. 354. Uninterrupted supply of cold and hot water to consumers is the main condition. In January, a new account was opened for the purchased housing, and in February it received a recalculation for October-December. How to make a recalculation for water according to meters, application, procedure according to Resolution 354. Housing and communal services refuse to recalculate hot water meters; last year I went on vacation. From 352, payment for hot water is not subject to recalculation. Resolution 354 determines the procedure for recalculating payments for utility services. Currently it is the Decree of the Government of the Russian Federation No. 354 dated. Recalculation for heating using a common house meter according to Resolution 354, formula. Why does the VTsKP refuse to recalculate for the month in which the new water meter was installed, c. Recalculation of payments for water 307 and 354 of the Regulations of the Russian Federation. According to Resolution 354, the temperature of hot water must be at least 60. Therefore, I ASK you to recalculate the payment for hot water. N 354 O in the absence of a collective common house hot water meter according to formula 15. Decree of the Government of the Russian Federation dated N 354. The letter is relevant, since Appendix 1 to Rules 354 does not make fundamental changes. The hot water temperature should be 6070C. Submission rules. For recalculation according to Resolution 354, the consumer of basic resources. Decree of the Government of the Russian Federation No. 354 ed. Is it possible to recalculate utility bills if water readings of more than 6 have not been submitted? Under no circumstances should you pay for water supply, electricity and hot water supply. The introduction of Government Resolution 354 allows citizens to recalculate rent payments. Decree of the Government of the Russian Federation 354 on the Rules for the provision of public utilities, regulating the calculation of one tax for water

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If the amount in the receipt for water supply has been reduced, the supplier of this important resource will make a new calculation himself, without waiting for the consumer to act. But if an unreasonably large amount is charged, it is in the interests of the consumer to resolve the issue himself. To do this, you need to write an application to the Management Company.

Payment of rent for the first six months after the death of the owner

To our objection, the person in charge of the house replied that this was unacceptable and we needed to register in the purchased apartment. I inherited a private house from my mother; the certificate will be issued only in January 2014. But now utility bills are coming for my mother.

Should I pay for them? I am not registered in the house and I don’t live yet; ownership of it can only be registered six months after my mother’s death. Payment of utilities is the direct responsibility of the homeowner.

Based on this, many heirs mistakenly believe that they are not required to pay utility bills for the period when ownership has not yet been properly registered.

Attention

According to the Housing Code of the Russian Federation, the obligation to pay for residential premises and utilities arises from the owner of the residential premises from the moment ownership arises. Therefore, before registering an apartment in Rosreestr (GBR), you don’t have to pay for it.

The Housing Committee of St. Petersburg has its own logic.

There are cases when, after accepting an inheritance, citizens are in no hurry to register property rights, and therefore payments for living quarters and utilities are not paid for a long time, notes Alla Suletskaya, chief specialist of the economic planning department, in response to an editorial request.

She notes that according to civil law, heirs of real estate are determined in fact from the date of death of the previous owner - regardless of the time of actual acceptance of the inheritance, as well as from the moment of state registration.

Payment for housing and communal services in the period before inheritance: is it legal?

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  • How to pay utility bills for the first 6 months after the death of the sole owner of the apartment? or at maximum rates? Or something else? Replies (1) This lawyer is from the city of Moscow 2012-11-20 11:35:40 +0400 Notify the administration According to our legislation, the heir becomes the owner of the inherited property from the date of opening of the inheritance (that is, the day of death of the testator), regardless of when he will draw up all the documents. So you will have to pay as if for yourself. If the heir does not have any benefits, then there are no benefits.

    Payment of utilities after the death of the owner

    However, after it is deregistered, you can prove the fact that the deceased did not live in the apartment, request a recalculation and return the amount. Attention This can be done in the accounting department of the management company.

    Calculation of rent in the first 6 months after the death of the sole owner

    DAY OF DEATH of the testator (the day of opening of the inheritance, the day of recognition as deceased by a court decision as well). Moreover, in order to acquire an inheritance, it must be accepted.

    acceptance is possible by submitting an application to the relevant notary (consul - if the applicant is abroad) at the place of the mother’s last permanent or primary residence. I remind you that the decision of the Constitutional Court of the Russian Federation. from 02.02.

    1998 No. 4-P (seems) clearly indicates that registration at the place of residence/stay or the lack thereof does not affect the possibility of exercising rights. this is only established by the Federal Law.

    on freedom of movement and choice of place of residence, the procedure for registering citizens (for the tax office, hospitals, etc. - nothing more). This is the constitutional meaning of FREEDOM OF MOVEMENT AND CHOICE OF RESIDENCE.

    According to the rules, who receives rent after death?

    Important

    Asked 2011-11-02 16:22:48 +0400 in the topic “Housing Law” Payment for housing and communal services - Payment for housing and communal services. more 1 answer. Moscow Viewed 175 times.

    Asked 2011-06-10 08:24:51 +0400 in the topic “Inheritance Law” How to avoid paying for utilities for an apartment if we are going to leave for permanent residence in another city? — How to avoid paying for apartment utilities if we are going to leave for permanent residence in another city. more 1 answer. Moscow Viewed 89 times. Asked 2012-02-05 13:38:35 +0400 in the topic “Other questions”

    Moscow Viewed 335 times. Asked 2012-03-13 10:54:41 +0400 in the topic “Civil Law” Help me figure out how I should pay for utilities. I’m registered in one apartment, and I’m in charge of the other - Help me figure out how I should pay for utilities. I am registered in one apartment, and in the other the rest is behind me. more 1 answer. Moscow Viewed 118 times.

    How to pay utilities after the death of a tenant? Good evening! Question: The owner of the apartment died. Receipts for payment of services (housing office, heating network, water, gas, electricity, solid waste, landline telephone) are received. Half a year has not yet passed since the death of the owner of the apartment and no one has yet entered into the right of inheritance.

    What to do in this case with these accounts? Answer: Hello, Nikolay! According to the Civil Code of Ukraine, regardless of the time of acceptance of the inheritance, it belongs to the heir from the time the inheritance is opened.

    If the inheritance includes property that needs to be maintained, a notary, a local government body in the absence of heirs or an executor of the will enter into an agreement for managing the inheritance with another person.

    Best regards, Valeria Tovsta.

    How to pay utilities after the death of a tenant?

    If a citizen does not live in an apartment or rent it out, this means that he does not use the living space.

    This raises the question: did he accept the inheritance? It should also be noted that according to the law, before the premises of state and municipal housing funds are occupied, the costs of their maintenance and utilities are borne by the relevant authorities.

    How to recalculate a water meter: 354 resolution, adjustment, overpayment

    Incorrect data on cold or hot water supply transmitted to the resource supplier is one of the most common reasons for recalculation. If the consumer notices an overpayment, he can contact the Management Company and request a recalculation . There is a certain procedure.

    Features of the procedure

    Recalculation for hot water is carried out according to Resolution 354 of the Government of the Russian Federation, taking into account the latest changes in it. New data must be indicated on the receipt for the next month in a special “recalculation” column .

    Then, when no one lives in the apartment and after registration of ownership (for example, it is being prepared for sale), it is possible to achieve a recalculation of utility bills on a general basis. That is, you need to fill out an application and provide the necessary papers.

    What it is

    Everyone knows that the owner or tenant of an apartment must make payments for certain services every month . The amount is based on the services provided by the management organization. The general list includes:

    • Electricity;
    • Heat supply;
    • supply of water of any kind;
    • gas supply;
    • drainage;
    • yard cleaning;
    • cleaning of entrances;
    • landscaping;
    • parking lot maintenance;
    • other services.

    The amount of the amount depends partly on the square footage of the room. The smaller the footage, the lower the bill. In 2006, people had the opportunity to significantly reduce the cost of utility services over a certain period of time. For example, when no one was in the room. In what cases are recalculations made:

    1. if the company provided services of inadequate quality;
    2. if no one has lived in the premises for a long time or the person is temporarily absent;
    3. various benefits on the basis of which a Russian citizen is exempt from payment;
    4. if the service was not provided for a long time;
    5. after a change of ownership of housing (the new owner is not obliged to cover the debts of the other).

    Do not forget that you can recalculate only if you have documentation confirming the legality of the reduction in the cost of the services provided.

    Recalculation of utility bills in case of temporary absence of tenants - in 2020

    In some cases, there are no meters in the apartments of Russian citizens. For example, there is no physical possibility to install water meters. In these situations, the right to recalculate fees due to temporary absence will be relevant and useful.

    In what cases is this possible?

    If, before the resident’s departure, the utilities in his apartment were turned off and the necessary sealing of the shut-off valves was made, then upon the citizen’s return, the housing department checks the safety of the seals and recalculates the utility bill without providing documents confirming the absence (clause 96 of the Rules).

    In modern, comfortable houses, residents are provided with all utilities: heating, gas, electricity and, of course, water, both cold and hot. Uninterrupted payment of bills should guarantee the delivery of services in full. Often the service is not of sufficient quality, which causes quite natural dissatisfaction among consumers. Most of the complaints relate to the non-compliance of the DHW temperature with SanPiN standards. In this article we will look at what to do if the hot water does not meet the standard and how to write a complaint.

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    How is payment for utilities recalculated in connection with the death of a disabled beneficiary?

    There are three people in the family - two disabled beneficiaries and one owner of the living space. Thanks to the beneficiaries, the payment for housing and communal services was 50 percent of the full amount. One of the beneficiaries died and the question arose - how to recalculate housing and communal services now?

    Anton. Hello. Since you write that the benefit was 50%, then I assume that only benefit recipients were registered in the apartment. Accordingly, after the death of one, the benefit should also be 50%. If the owner is also registered, then the payment would be distributed as follows: the owner pays 1/3, beneficiaries pay 1/2 of their 1/3, i.e. 1/6 each. The accounting department of your management company can reliably explain the accrual procedure to you.

    How to recalculate hot water

    Basically, standard documents are always needed to resolve such an issue. This is an instrument inspection report carried out by a representative of the supplier, the Management Company, or another housing and communal services organization. As well as an act of measuring temperature (if recalculation is needed due to poor water quality), an act of lack of water supply, and a protocol for checking the quality of the resource.

    Standard hot water temperature

    What types of housing and communal services, in your opinion, need priority improvement in your home? (maximum 3 answers)

    • Current home repairs
    • Major home renovation
    • Entrance repairs
    • Roof (roof) repair
    • Sanitary condition of entrances
    • Sanitary condition of basements
    • Condition of the surrounding areas
    • Improvement of surrounding areas
    • Heat supply
    • Electricity supply
    • Gas supply
    • Water supply
    • Sewerage
    • Garbage removal
    • Car parking near the house
    • Insulation of entrances and building envelopes
    • Reconstruction of roofs, balconies and facades
    • Installation of metering devices
    • Tree filing

    Reply (anonymous)

    Apartment buildings have common metering devices that measure the water consumption of the entire building. If you subtract the amount of individual apartment expenses from the total expense, the costs for general household needs (CHN) will become clear. They reflect the excessive consumption of water, associated both with good purposes, such as watering the local area, and with poor organization of water supply: leaks in risers and the like.

    Benefits and subsidies for housing and communal services in 2020

    • the citizen incorrectly completed the application for the benefit or did not attach the necessary documents (you will have to re-apply and attach the necessary documentation);
    • the requested housing and communal services benefit is provided to another tenant who lives at the same address (according to the laws of the Russian Federation, it is impossible to receive a 100% discount, even if two beneficiaries are registered in the housing at once);
    • there is a debt to the utility company for rent or other services (it is necessary to repay the debt and resubmit the application);
    • in this subject there is no provision for a benefit for a separate layer of society, the representative of which applies for a discount (it will be impossible to receive the privilege);
    • the competent authorities or the management company ignored the application (apply again or defend your interests in court).

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    As an example of calculating benefits for housing and communal services in 2020, you can use Moscow payment standards, as well as a citizen who has limited capabilities (disability). The decree of the Moscow Government determines that a discount on payment for an apartment is assigned based on the size of the living space:

    How to recalculate water using meters

    In the event that you, as a consumer, do not transmit the readings of the metering devices in the apartment for 6 months in a row, the executor represented by the management company no later than 15 days from the date of expiration of the specified 6-month period, another period established by the agreement containing provisions for the provision of utility services, and (or) by decisions of the general meeting of owners of premises in an apartment building, is obliged to conduct an inspection and take meter readings (clause 84 of the Resolution)

    Recalculation of water in the presence of meters

    You should pay attention to the data indicated in the receipt: accrual amounts for water supply are carried out solely according to the information provided, while the ODN column is changed, or a separate recalculation line may be indicated in the receipt.

    • attach documents confirming your absence.
    • They may be:
    1. a copy of the business trip certificate;
    2. certificate of completion of treatment;
    3. travel documents in the name of the consumer and confirmation that the consumer has used the passage (boarding pass);
    4. hotel bill;
    5. certificate of study;
    6. document on temporary registration in another locality, etc.
    • services provided to the consumer, subject to their non-compliance with standard quality;
    • facts in which the consumer is temporarily or permanently absent from housing;
    • circumstances leading to interruption of services.

    Recalculation of utilities after the death of the owner

    • Lawyer consultation
    • Articles

    Payment for housing and communal services in the period before inheritance: is it legal?

    • Payment of rent after the death of the owner
    • Law Club Conference
    • How to pay for the empty apartment of a deceased mother-in-law?
    • Housing and communal services in Russia
    • Payment of utilities after the death of the owner
    • Paying utilities in an empty apartment

    How to pay utility bills for the first 6 months after the death of the sole owner of the apartment? or at maximum rates? Or something else? Replies (1) This lawyer is from the city of Moscow 2012-11-20 11:35:40 +0400 Notify the administration According to our legislation, the heir becomes the owner of the inherited property from the date of opening of the inheritance (that is, the day of death of the testator), regardless of when he will draw up all the documents. So you will have to pay as if for yourself. If the heir does not have any benefits, then there are no benefits.

    Important

    Asked 2011-11-02 16:22:48 +0400 in the topic “Housing Law” Payment for housing and communal services - Payment for housing and communal services. more 1 answer. Moscow Viewed 175 times.

    Asked 2011-06-10 08:24:51 +0400 in the topic “Inheritance Law” How to avoid paying for utilities for an apartment if we are going to leave for permanent residence in another city? — How to avoid paying for apartment utilities if we are going to leave for permanent residence in another city. more 1 answer. Moscow Viewed 89 times. Asked 2012-02-05 13:38:35 +0400 in the topic “Other questions”

    Moscow Viewed 335 times. Asked 2012-03-13 10:54:41 +0400 in the topic “Civil Law” Help me figure out how I should pay for utilities. I’m registered in one apartment, and I’m in charge of the other - Help me figure out how I should pay for utilities. I am registered in one apartment, and in the other the rest is behind me. more 1 answer. Moscow Viewed 118 times.

    How to pay utilities after the death of a tenant? Good evening! Question: The owner of the apartment died. Receipts for payment of services (housing office, heating network, water, gas, electricity, solid waste, landline telephone) are received.

    Half a year has not yet passed since the death of the owner of the apartment and no one has yet entered into the right of inheritance.

    What to do in this case with these accounts? Answer: Hello, Nikolay! According to the Civil Code of Ukraine, regardless of the time of acceptance of the inheritance, it belongs to the heir from the time the inheritance is opened.

    If the inheritance includes property that needs to be maintained, the notary, the local government body, in the absence of heirs or the executor of the will, enter into an agreement for managing the inheritance with another person. Sincerely, Valeria Tovsta.

    Recalculation of utilities due to the death of a tenant

    You can contact us if:

    • when you don't have counters;
    • you did not live in the premises;
    • The management company refused to recalculate utility bills.

    Here is a sample statement of claim for recalculation of utility bills. Who is eligible for the subsidy? Persons who pay more than 22% of their income on utility bills can count on a subsidy. The amount after recalculation will be credited to the savings book only for those citizens who regularly pay for housing and communal services and have no debts.

    Frequently asked questions There are some nuances that will be useful to you if you are going to apply for a recalculation to the authorized body. Stay in a dispensary For example, the owner of a home stayed in a dispensary before his death, as a result of which he incurred a debt for utility bills.

    The procedure for recalculating utility bills

    To do this, it is worth preparing certificates stating that you pay utility bills at your place of residence. Such documentation is issued to those persons who have temporary registration in another apartment.

    Statute of limitations Request a recalculation within 30 days of the tenant’s return, otherwise it will no longer be possible to reduce the amount. Registration procedure For recalculation, you should contact the EIRC, HOA, Gorgaz.

    To do this, you should prepare an application and attach documents to it. The procedure will take about 5 days.

    According to the rules, who receives rent after death?

    The owner of the apartment was unable to appear in court (at the end of May) and the decision (to restore the central heating center) was made without him. At the beginning of June, the owner of the apartment died, the apartment is now not registered in anyone’s name. The heating network brought a receipt for payment for services from the end of May of this year (when the court decision was made).

    Payment for housing and communal services in the period before inheritance: is it legal? Next, the mother dies. Question: who is the owner - Me? No, they answer me. You can become one only in 6 months. For then, according to the law, you will enter into inheritance rights, until then - no, no.

    Info

    And for now you do not have the right to take ANY actions with this property. So who is the owner then? Deceased mother. State? WHO. It turns out that the apartment is hanging in some kind of legal empty space? Is she a draw? So what should I do? After all, leaflets with utilities continue to arrive! To whom? To me.

    Going to court

    Management companies may not always agree to recalculate utility bills.

    If refused, the consumer has the right to resolve the issue in two ways:

    1. In a claim manner.
    2. By going to court.

    In the first case, you need to draw up a claim and send it to the management company, indicating the requirements.

    If there is no response to the submitted claim, the consumer has the right to go to court.

    For this purpose, a statement of claim is drawn up.

    The claim must contain:

    Name of the courtin which the claim will be considered
    Information about the applicant and respondentcircumstances of the case preceding the filing of the claim
    Rules of lawwith which the plaintiff supports his arguments and demands put forward to the defendant
    List of attached documentsdate and signature of the applicant


    Various documents confirming the grounds for recalculation are usually included as attachments to the claim.

    If the claim is filed through a representative, then a duly executed power of attorney is attached to it.

    The application must have a logical structure without errors, corrections, or unnecessary emotionality.

    Registration procedure

    Recalculation of utilities is carried out by specialists from the accounting department or the settlement center of the management company if the tenant has been absent from his place of residence for more than five days.

    Required documents

    Scroll:

    Copy of the documentindicating that the resident is going on a business trip. A travel certificate or a certificate from the place of work can be provided
    Certificate from a medical institutionconfirming the fact of being in a hospital or sanatorium-resort treatment. Copies and originals are provided
    Travel ticketsOriginals and certified copies are provided. If electronic travel documents were used, you must request a certified hard copy from the carrier. Boarding passes, train boarding tickets, etc. can also be provided as evidence.
    Confirmation of temporary registrationat the place of stay
    Certificate from the gardening associationon temporary residence of the consumer at his own dacha

    Sample application

    There is no unified form.

    It typically contains the following information:

    On the right side is written the full name of the organizationin which the application is submitted, data on service users, indicating the full name, address, personal account number of the payer
    The text of the statement itself statesWhat services should you pay for?
    Reasonon the basis of which the consumer submits such an application, date and signature of the applicant

    All evidence confirming temporary absence from residential premises is attached to the application.

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