How to draw up a statement of claim for recalculation of utility bills

Procedure for recalculation of utility bills

To achieve a recalculation of utility bills during temporary absence, you will need to submit an application for recalculation of utility bills to the service company. Attached to it are acts or testimony that give the right to a reduction in housing payments. If the claim to the management company is not satisfied, a claim for recalculation of utility payments will restore the fairness of the charges.

Claim for recalculation of utility bills

Going to court is necessary when it is impossible to make a voluntary recalculation. A claim or complaint regarding recalculation left unanswered or without proper response does not mean that it will be impossible to protect rights. The expiration of a reasonable period (practice shows from 15 to 30 days) for a response to a claim allows you to go to court without waiting for a response.

When drawing up a claim and after filing it in court, it is important to consider:

1. Consumer Protection Law . A claim for recalculation of utility bills is considered in court, taking into account the provisions of the law on the protection of consumer rights. This allows you to go to court without paying a state fee.
2. In addition, the applicant has the right to choose to submit an application at his place of residence or at the address of the management organization (HOA). The above does not apply to commercial premises. In this case, the claim will be considered according to the general rules (at the defendant’s address) with the calculation and payment of the state fee.
3. Contents of the claim . The application to the court must contain a description of the substance of the rights violated. That is, it is necessary to indicate in as much detail as possible why the recalculation should be made with reference to the law guaranteeing such a right. It is important to note in the application the presence of a claim that remained unanswered or was not satisfied by the defendant. For the consumer, this is the basis for collecting an additional fine for refusing to voluntarily satisfy legal requirements.
4. Application of claim . At the same time, depending on the grounds for recalculation, documentary evidence of the stated requirements must be attached to the application.
5. Claim. The pleading part of the claim must be as specific as possible. In other words, limiting yourself to one request to “recalculate” is unlikely to be correct. It is necessary to clearly define for what period recalculation is required and what the size of the recalculation itself is. In this regard, this statement of claim must be accompanied by a calculation of the cost of the claim, which represents specific mathematical operations for calculating the recalculation amount.
6. Calculation of the claim price and recalculation amount. Calculating the claims will also help determine the issue of jurisdiction - if the recalculation amount is up to fifty thousand, the claim must be considered by a magistrate; anything above that must be considered by a federal district or city court.
7. Penalty. In addition, the consumer has the right to additionally demand the collection of a penalty for each day of delay in recalculation, as well as compensation for moral damages for the distress caused by the management company.
8. Third parties in the case. We should not forget about involving all interested parties in the consideration of this claim. The application identifies as third parties everyone who will be affected by the recalculation requirement. As a rule, these are other co-owners of the apartment, a single settlement center that issues receipts for payment and the like. At the same time, all participants in the process must prepare an equivalent package of documents - a statement of claim with all copies of the attachments.
9. Distribution of legal costs. Along with the above requirements, it is possible to request compensation for the costs of a lawyer (as well as expenses for fees, examination and other expenses) with the attachment of relevant documents to confirm the expenses incurred. In this case, when making a decision, the court will consider the issue of collecting legal costs from the losing party.

IMPORTANT: watch the video on the topic of recalculation of utility bills, disputes with management companies: advice from a lawyer on housing issues

Statement of claim for overpayment for utilities, sample

Particular attention should be paid to drafting the statement of claim, since the outcome of the trial largely depends on its correctness. It is best to entrust this task to an experienced lawyer who can take into account all the nuances of a particular situation.

In general, the procedure for preparing a statement of claim is described in detail in Article 131 of the Code of Civil Procedure of the Russian Federation. Thus, according to paragraph 2, the following information must be reflected in the claim:

• the name of the judicial authority to which the application is sent;
• the name of the plaintiff with residential address, the name of the defendant organization, do not forget to indicate its location;
• description of the type and nature of the violation committed by the Criminal Code;
• proof;
• the amount of amounts to be reimbursed by the management company in favor of the plaintiff (for example, compensation for moral damage, refund of money for paid state duty, etc.).

If the claims are satisfied, the management company will have to repay the debt established by the court. Please keep in mind that the overpayment itself resulting from failure to provide the recalculation service is taken into account against future payments.

Thus, according to the law, the contractor has the obligation to reduce the cost of utilities in the event of temporary absence of residents (more than 5 days), as well as subject to the condition related to the impossibility of taking readings on the consumption of resources in the housing and communal services sector. If these provisions are not observed, citizens have every right to complain to higher authorities, including going to court.

Grounds for recalculating utility bills

1. Departure of residents for a long time . Of course, if you already have water or gas meters, then recalculation makes no sense. The meter records the consumed amount of resources, which the owner pays for. In the absence of residents, resources are not consumed, provided that all devices are turned off. But there are services or resources for which payment is made according to standards. Our housing law lawyer explains that if residents are away for more than 5 days, they have the opportunity to recalculate housing and communal services. To do this, an application for recalculation of utility bills is submitted to the management company, she sends her employee who shuts off the gas and water pipes. For recalculation, documents confirming the absence of all residents are required. For example, transport tickets.
2. Failure to provide a certain service in full or a break exceeding the legally established norm. In case of non-delivery of resources during a period of time or their delivery in incomplete quantity and low quality, a report must be drawn up about this. It is drawn up by an employee of the management company and the owner of the property, where all the details of the violation are indicated. The amount of payment for housing will decrease only for the fixed period of recalculation of utility bills. This will be reflected in the receipt for payment of housing and communal services in the line “recalculations”. If not, then call our housing dispute lawyer to find out how to proceed.
3. Providing a service of such quality that it violates the norms . Often this issue is difficult to resolve through a claim. Only a claim for revision of debt for utility services will help restore fairness in payments for utility services.
4. Changing the order of housing ownership. When the form of ownership of housing changes, housing and communal services payments are recalculated only partially. When an apartment is transferred from the category of non-privatized to the category of private property, the social tenancy agreement ceases to be valid and, accordingly, this column is removed from the housing payment receipt. But a new line of charges appears - major repairs. To recalculate in this situation, you need to provide the Criminal Code with a certificate of change in ownership. From the date indicated in it, the calculation of services will be made according to the new scheme.

In what cases is such a statement written?

An entire section (VIII) of the Government of the Russian Federation of May 6, 2011 No. 354 is devoted to the procedure for recalculating payments for utility services.

Thus, within the framework of this regulatory document the following is described in detail:

• When citizens have the right to claim a reduction in the amount accrued for housing and communal services.
• The conditions that must be met for this and how a letter containing a request to receive such a preference is drawn up.

Did not reside temporarily

In accordance with clause 1 of Section VIII of the above-mentioned Decree of the Government of the Russian Federation, citizens have the right to apply for a recalculation in the event of a temporary absence from the territory of the relevant living space. In this case, it is necessary to comply with the following conditions:

• the period of absence from the residential premises is more than 5 calendar days;
• the apartment should not be equipped with a device for metering the consumption of the corresponding utility resource due to the impossibility of installing it from a technical point of view (this circumstance must be confirmed in accordance with the procedure established in 2021).

If the consumer does not have documentary evidence of the impossibility of installing meters, or this equipment is in faulty condition, then he will not be provided with a recalculation of utility bills.

The only exception is the case when all residents were absent from a particular premises for reasons of force majeure (if there is documentary evidence of this fact). This is stated in paragraph. 2 clause 86 of section VIII of the Decree of the Government of the Russian Federation No. 354.

Death of the registered

One important point should be noted right away. Sometimes the relatives of the deceased (if he lived alone in the apartment) are of the opinion that in the situation, since he is no longer in a specific living space, then there is no need to make utility payments for him.

However, this is a very erroneous point of view, which contradicts paragraph 11 of Article 155 of the Housing Code of the Russian Federation, which states that non-residence in residential premises is not grounds for non-payment of utilities and rent. The only thing you can count on in the event of the death of someone registered is recalculation of housing and communal services.

At the same time, before proceeding with the registration of the claimed right, the relatives of the deceased must receive a full package of documents confirming the fact of death (certificate and death certificate), discharge the deceased and only after that submit an application for recalculation.

Other options

Also in practice, there are also other situations in which owners of apartments and private households have the right to count on a reduction in utility bills. You can learn more about these options in our other article.

Deadline for recalculating utility bills

The exercise of rights to recalculation out of court is associated with compliance with the deadline. The application must be submitted no later than 30 days from the moment the right arises. You can also submit your application before departure. For example, knowing that the business trip period will be 2 months, you can immediately submit an application to the managing organization with supporting documents attached. So that after the period of recalculation for utilities does not turn out to be controversial.

The received application must be considered no later than 5 days from the date of application. The recalculation itself will be made in the current month.

Important : missing a deadline is not an obstacle to recalculation. The management organization's refusal to recalculate utility bills on this basis may be challenged in court.

Limitation period for a claim for recalculation of utilities

Since the law limits the time limit for filing a claim in court, there is clearly no point in “delaying” filing it. The limit is three years, which is calculated from the moment the right to recalculation arises. Missing a deadline is not critical, however, the issue of the statute of limitations is important - this is an extra argument for the defendant, who will insist on missing a deadline and demand that claims be denied on this basis.

Therefore, in each specific case, it is necessary to analyze whether there are grounds for its restoration, whether the missed deadline is due to valid reasons (illness, business trip, etc.). If there are such reasons, it is worth filing a demand for restoration of the missed deadline.

Current laws

A frequent reason for recalculation is the excessive charge of kilowatts for electrical energy or cubic meters of water. It is the responsibility of the servicer to make changes to payroll records. If a refusal is received, the owner of the apartment or the tenant of the residential premises has the right to file a complaint with the housing and communal services or an application with the executive authorities.

Normative base

Before going to court, it is necessary to substantiate the claims of the Criminal Code. The reasons for recalculation are different, but Art. No. 157 LCD of Russia on the need to charge fees according to meter readings.

Additionally, it is allowed to rely on Article No. 32 of Federal Law No. 2300-1 (with the latest amendments and additions in 2021), which establishes the consumer’s right to unilaterally refuse to fulfill an agreement with a management company or HOA. But this requires circumstances of violation of the terms of the agreement on the part of the company.

Regardless of the reasons for filing a claim, the main regulatory act regulating the relationship between the management company and the homeowner is PP No. 354. In accordance with the provisions of the resolution, the contractor is obliged to carry out settlement transactions for utility services in accordance with clause No. 31 of the Rules. Recalculation for housing and communal services also falls into this area.

Watch the video: “Procedure for recalculation for utilities Quality of Cold and Hot water.”

Grounds for recount

The table shows common examples of grounds for submitting an application to the management organization for recalculation of payments for utility services:
Table 1.

What documents are needed to recalculate utilities?

Established practice and current legislation have determined the following list of documents that allow the consumer to demand a recalculation of utility services:

1. Travel certificate
2. Employer's order to go on a business trip
3. Employer's business trip certificate
4. Travel tickets (including boarding passes, etc.)
5. Certificate from a sanatorium or other healthcare organization confirming that you are undergoing treatment (resort)
6. Hotel bill
7. Certificate of temporary registration at the place of stay
8. Certificate from private security of the residential premises indicating that the premises are continuously under guard (that is, the absence of the apartment’s tenant during this period)
9. Certificate from an educational institution (in case of studying in another locality)
10. Certificate from the consulate or diplomatic mission of the Russian Federation confirming your stay outside Russia
11. Certificate from the dacha (garden) partnership, in case of temporary stay at their location
12. Other documents confirming the location outside the residential premises for which an invoice for utility bills is issued as part of the execution of the procedure for recalculation for utility services.

Our housing lawyer will always come to your defense in a dispute over utility billing, as well as in other housing disputes with your participation.

Legal norms

The company that provides them can recalculate the amount of payments for housing and communal services. This procedure can either increase or decrease the amount on the receipt. This happens for a reason, but on the basis of the emergence of a certain situation, most of them are regulated by the Housing Code (Article 155), SanPiN, rules “On the provision of com. services to homeowners" from 2011.

The total amount on the payslip increases if the user (in our case, an apartment resident) tried to cheat. For example, by unregulated tapping into the pipeline, breaking the meter seal, etc. This activity will entail an increase in utility bills many times over, sometimes even tenfold.

The following can reduce costs for housing and communal services:

• Providing poor quality services;
• Absence of a tenant in the apartment;
• Interruption of service delivery.

The first and third points can be combined and considered as one large group. In all cases, there are limits established by law within which, for example, water may not be supplied to homes. The table indicates cases when recalculation of amounts becomes possible.

Finally, let's move on to the case when you are not at home. If residents do not appear in the apartment and do not use housing and communal services for more than 5 calendar days in a row, then they have the right to organize a recalculation of utilities. Please note that in this case the recalculation does not apply to heating, repair work of the housing stock, its maintenance, as well as to telephony, antennas and radio points.

The following video contains useful advice on the possibility of recalculating utility bills:

It's time to talk about where and how you can recalculate rent during the absence of tenants, as well as in connection with other cases.

Lawyer for recalculation of utility bills in Yekaterinburg

Recalculation of payments may be required in some situations and it is better to know in advance what is needed in order to receive it, so as not to encounter the issue unexpectedly. Sometimes people do not know that they are entitled to a reduction in the payment amount and pay the full amount.

We are often contacted when a court case regarding utility payments has already begun, initiated by the management company on the issue of debt for an apartment. We provide advice in such processes and draw up a claim for recalculation of utility bills, which helps to defend your right.

Our housing lawyer is your assistant in a dispute with the organization servicing the house (housing association, housing cooperative, management organization of another form).

Preparation and procedure for filing a claim for recalculation in court

In 2021, it is possible to obtain from the management organization a recalculation of payments for housing and communal services based on a submitted application. If the Criminal Code does not respond to the appeal, and complaints to supervisory institutions have not brought results, a claim should be filed with the judicial authorities. Such actions will help restore violated rights and fairness in payment calculations.

Who is the defendant

The company servicing the apartment building recalculates payments for housing and communal services based on a written request from the owner of the property. The application should be submitted directly to the management company, RSO or HOA.

To determine the defendant for legal proceedings, it is necessary to take into account the selected management option:

1. MKD. As a rule, it is serviced by the management company or TSN, which is responsible for the maintenance of common property. If offenses occur on the part of a company or partnership, an application to the court is filed against one of these organizations.
2. Private home ownership. The defendant for improper provision of services and recalculation on this basis is the public utility - water utility, thermal power plant, SNT, DNP, etc.

In which court to file a claim - jurisdiction

Based on Articles No. 22 and No. 23 of the Code of Civil Procedure of Russia, the settlement of disputes related to the provision of utility services is carried out in court.

The jurisdiction of the case is determined by the cost of the claim:

• less than 50,000 rub. – are considered by a magistrate;
• if the specified cost is exceeded, the application is sent to the general jurisdiction authorities.

What costs will you have to incur when filing a claim - state duty?

There is no state fee to be paid for a claim for recalculation of debt on utility bills. This is due to the fact that the citizen acts as a consumer and does not initiate a property dispute.

According to Article No. 333.36 of the Tax Code of Russia, owners of residential premises are exempt from paying state duty when filing a claim for recalculation of payments for housing and communal services.

Required documents

How to read a receipt correctly.
In established legal practice and on the basis of current laws of the Russian Federation, a standard list of documentation has been established for initiating legal proceedings.

Having collected the specified package of papers, the citizen has the right to ask the executive authorities to hold the Criminal Code accountable:

1. Travel manifest – certificate, order to managers, etc.
2. Transport documents - train ticket, plane boarding pass, etc.
3. Certificate confirming temporary absence from the apartment (over 5 days):
   extract from the sanatorium card, medical institution (inpatient treatment);
4. invoice from the hotel;
5. temporary registration at residential address;
6. being under administrative arrest;
7. completing training in another city;
8. a copy of a diplomatic visa indicating stay outside the state;
9. from a dacha partnership;
10. other documents confirming the temporary absence of a citizen from the apartment.
11. An inspection report of a residential premises in case of improper or incomplete provision of utility services.
12. A photocopy of the agreement with the service organization.
13. Copies of receipts and checks for financial support for housing and communal services payments for 6 months.
14. Certificate of absence of debt for housing and communal services.
15. A copy of the pre-trial claim to the management company.
16. If available, a written refusal of the management company to recalculate the amount due.
17. Own calculation of the claim price.

For what period can a claim be filed and filing deadlines?

At the legislative level, a time limit for filing a claim with the executive authorities has been introduced. In view of this, experts recommend not to violate the established period and submit the application within 3 years. The countdown date is the moment when the citizen received information about the offense addressed to him.

Skipping this period is not critical, provided that the consumer can prove that it is valid. To do this, you must provide the court with documentary evidence and file a claim to renew the missed deadline. If there are grounds, the department will not be able to refuse the application.

The following valid reasons are taken into account:

• long-term illness;
• the occurrence of an emergency situation - military operations, quarantine, natural disasters, etc.;
• business trip;
• lack of up-to-date information;
• other.

The exercise of the right to apply recalculation of utility payments out of court is subject to compliance with the deadline. Contact the management of the service company within 30 days of receiving information about the violation. An application can also be submitted before circumstances arise, for example, before departure, attaching supporting documents.

The Criminal Code will consider a written request within 5 working days. Direct recalculation for heating, light and water is carried out in the current reporting period.

The nuances of drawing up claims for recount depending on the situation - sample statements of claim

It is necessary to draw up and submit a statement of claim to the court in the case where the management organization refuses to voluntarily make a recalculation. Ignoring previously assumed obligations of the Criminal Code forces homeowners to turn to supervisory authorities and the court to restore violated rights. The filing of a statement of claim is carried out after the expiration of 15 days allotted by the Criminal Code to respond to the claim.

Claim for obligation to recalculate and cancel debt

The court's consideration of the petition to cancel the debt and recalculate the amount payable is carried out taking into account the current regulations of the Russian Federation, in particular Federal Law No. 2300-1. Based on Article No. 333.36 of the Tax Code of Russia, production begins without paying state duty. This type of benefit does not apply to commercial real estate.

The owner of the property has the right to choose at which address to submit the application - at the place of his own registration or the management organization.

Sample claim for recalculation of utility bills.

Due to the limitation period

If the management organization intends to collect a debt for a period exceeding three years, the apartment owner has the right to file a petition to apply the statute of limitations.

The text of the application should include the following information:

• write down violations committed by the Criminal Code, with reference to legislative acts;
• indicate pre-trial settlement measures - attach a claim with a note of acceptance;
• provide a copy of the response.

Such documents act as elements of the evidence base and are the basis for the judicial authority to satisfy the request. In addition, the management company may be subject to sanctions for refusing to voluntarily satisfy legal requirements.

Claim for recalculation of utility bills due to statute of limitations.

Due to absence or non-residence

According to section No. 8 of PP No. 354, owners of residential premises, due to temporary absence from the registration address, have the right to submit an application to the Criminal Code for the recalculation of payments for utility services.

For such powers to arise, the following conditions must be met:

• the person does not plan to live in the apartment for more than five days;
• Individual resource consumption metering devices should not be installed at the facility due to the technical impossibility of installing them.

How to find out whether recalculation is possible for temporary absence from residential premises.

The last point must be confirmed in the manner established in Order of the Ministry of Justice of Russia No. 23933 of 2012.

The following documents serve as evidence of a citizen’s absence at the place of residence:

• train ticket;
• plane boarding pass;
• a copy of a foreign passport with marks on crossing the border of the Russian Federation;
• medical certificate confirming hospitalization;
• other papers indicating that the person will not live in the apartment.

A sample petition to the court for recalculation of utility bills due to the temporary absence of the owner.

In case of inadequate quality of utilities or interruptions

Separate indicators have been established for each category of services:

1. The daily norm for hot water supply is 60°C. From 00:00 to 05:00 the temperature is reduced;
2. The water should not have a yellow color or an unpleasant odor.
3. The supply of electricity is considered to be of high quality if the standards established by law are met. When equipment running on 220 W receives a lack of energy, a malfunction occurs. To check the serviceability, it is necessary to measure the voltage in the network with a special tool.
4. The supply of gas to residential premises is assessed by chemical composition.
5. The nature of the heat quality in the apartment can be analyzed with a thermometer. For common rooms the scale should not fall below 18°C; for a bathroom the standard is 25°C.

Even a slight deviation from the indicators is grounds for filing a claim with the Criminal Code for a change in the payment amount.

Due to the lack of pay slips

Any violation of the service organization may be the basis for initiating legal proceedings. If you fail to comply with your obligations as specified in the agreement with the management company, you must first file a claim.

It is noteworthy that if the management organization believes that the established tariff for apartment buildings is insufficient, then it does not have the right to ignore the maintenance of the house. The company's responsibilities also include promptly providing payslips for payment by owners. In the absence of receipts and the accrual of illegal penalties, the property owner has the right to initiate litigation.

Sample claim for recalculation of utility bills.

By the number of living citizens

If the number of people living in an apartment changes, the property owner is required to submit current information to the Criminal Code. Documents confirming, for example, the death of a family member are attached to the application. If the company does not make adjustments to payrolls, you should file a complaint with them. If the appeal is ignored, file a claim with the executive authorities.

Template for application to court.

Due to disability

If a citizen receives a disability group or government assistance, he has the right to submit an application to the management company or homeowners association for a reduction in utility bills. When the organization continues to charge payments according to the general rules, a request is sent for the need for recalculation.

To receive preferences, you should contact the social protection authorities. Upon completion of the procedure, the institution transfers lists of beneficiaries to the RSO.

An example of a claim for recalculation of utility bills due to disability.

According to meter readings

Payments for the supply of water, gas and electricity are calculated according to meter readings. If the devices are not installed, then the standard in force in the region of residence of the citizen is taken as the basis. In the event of a prolonged absence of resource supply, the consumer has the right to apply to the management company or RSO for a recalculation. In addition, the owner, through the court, can seek the imposition of penalties against the violator.

Payments for electricity, hot water and hot water are calculated according to the readings of indoor metering devices. If the tariff is inflated by communal meters, then the consumer has the right to appeal such actions through the supervisory agency or executive authorities.

Statement of claim for recalculation of utility bills - sample.