Is it possible to recalculate housing and communal services during the absence of a consumer?

In the event of a long-term absence of a tenant registered in a certain living space, some utilities may be recalculated downwards.

But this requires proof of absence, as well as accrual of services not according to the meter, but according to the norm or number of residents. How are utilities recalculated due to non-occupancy?

The procedure is not complicated; the tenant will only need proof of absence at one time or another. But it is recommended to get acquainted with the information in advance to be sure of the recalculation.

You should know that recalculation due to temporary absence is a legal norm; citizens have the right to demand its implementation from the Management Company servicing an apartment building, or the HOA, resource supply organization.

Recalculation is regulated by certain laws; it is an excellent opportunity to reduce the amount of payment on a utility bill. And given the strong growth of communal services, this opportunity is very profitable and relevant.

Peculiarities

There are several reasons for requesting a recalculation of utilities. You need to be prepared for the fact that each reason will need to be proven documented. Recalculation is carried out in the following cases:

• The tenant of the apartment may be absent from his place of residence and registration for a long time.
• Payments for utility services should also be reduced if they were not provided for longer than provided for by legislation in the field of housing and communal services.
• The payment amount should be revised even if the quality of utilities is poor.
• Another reason for recalculation is a change in the form of ownership of housing.

For each reason, the payment amount is recalculated according to a certain formula or scheme. But the very first step for the consumer of services is submitting his application to the settlement department of the management company, housing and communal services, and resource supply company. This statement is drawn up according to a standard template, which can be taken from the same Criminal Code or on a website on the relevant topic.

When is recalculation made?

The grounds for reducing the rent amount are:

1. Detection of malfunctions in the operation of fixing devices.
2. Reinstallation of meters.
3. User intervention in the operation of the latch.
4. Absence of residents for more than 5 days if there are no measuring instruments in the apartment.
5. Failure to provide evidence to management company employees, receipt of low-quality services.

All of the above is a standard for re-calculation. It is in the interests of the consumer to notify the Criminal Code of the presence of one of the listed grounds.

The management company does not have the right to unreasonably refuse the applicant to accept information of such content with the subsequent recalculation of accrual of services. Since the payer can appeal this refusal to the Housing Inspectorate, Rospotrebnadzor and the Prosecutor's Office. After receiving the complaint, the authorized bodies will monitor the entire progress of the procedure.

If a citizen knows that he will be leaving for a long time, then he should notify the service company in writing in advance to avoid problems. Since for late payment, the management company may begin to charge a fine and cut off the user from public networks.

Absence from place of registration

ATTENTION! A reduction in the cost of utilities per month can be achieved if you are absent for more than 5 days.

But apartment residents should know that only payments that are calculated without meter readings will be recalculated. If a person did not use gas, water, or electricity, these indicators will already be lower.

If the apartment is not equipped with individual meters for water, gas, and other resources, the payment for these services will be reduced. The amount in the payment column for the elevator and solid waste removal is also reduced. It is recommended to notify the Management Company of your absence for a certain period in advance, if this is, for example, a planned business trip or a planned vacation.

The reasons for absence can be unpredictable, for example, being hospitalized for a long time. In this case, it will be possible to notify the management company after arriving home, just the recalculation will be done later:

1. Upon submission of a preliminary application, technicians from the Management Company will be able to seal gas, water, and electricity supply systems. And you will no longer need to collect a lot of documents and prove your absence in different ways - the blocked supply of resources will confirm this fact. After returning home, you can go to the management company and draw up an application for recalculation due to non-residence.
2. When the absence was unscheduled, substantial documentation will be needed to prove it. For example, an extract from a hospital indicating inpatient treatment.

How to recalculate utility bills during absence?

Home > Step-by-step instructions > Recalculation of rent during absence

How to recalculate rent during absence?

31.03.2017.

From January 1, 2021, the new version of Resolution 354 allows for recalculation in the temporary absence of a consumer only in the absence of the technical possibility of installing individual metering devices with the attachment of an inspection report confirming the lack of technical possibility of installing the metering device.

Until now, the management organization was obliged to recalculate all summer residents who, during their temporary absence in the summer, confirmed with documents the fact of their absence. Such a document could be a certificate from a gardening non-profit partnership (SNT). Now it is possible to confirm the fact of non-use of a communal resource if you have an individual meter. If it is impossible to install the device, the consumer has the right to demand the drawing up of an act to establish the presence (absence) of the technical possibility of installing an apartment and communal metering device.

These criteria are set out in Order of the Ministry of Regional Development of the Russian Federation dated December 29, 2011 No. 627.

Grounds for drawing up the act:

– emergency apartment buildings;

– hidden risers;

– installation of a metering device is impossible without reconstruction and major repairs of existing in-house engineering systems;

– when installing a metering device, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device, including the place and procedure for its installation, presented in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;

– in the place where the metering device is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;

– lack of technical possibility of installing an individual, common (apartment) heat energy meter in the premises of an apartment building, if, according to the design characteristics, the apartment building has a vertical distribution of intra-house heating engineering systems.

PS!

The owner must take care in advance to draw up a report on the lack of technical capabilities of the device or install the device. The company that will carry out the installation can be chosen by you yourself. The installed meter must be put into operation no later than the month following the date of its installation. The management organization is obliged to make accruals according to the device starting from the 1st day of the month following the month the metering device was put into operation.

At the same time, before the 25th, do not forget to take the readings of the metering device that was put into operation.

The specified algorithm is set out in detail in Article 81 of Resolution 354.

What else is useful to know when submitting an application:

— The days of departure and arrival will not be included in the recalculation.

— If you submitted your application in advance, supporting documents must be presented no later than 30 days after arrival. Same deadline for filing an application and submitting documents after an absence.

— If documents are not presented or they are insufficient to confirm temporary absence, you will have to pay for everything, including penalties for late payment.

Besides:

You must recalculate utility bills in case of temporary absence within 5 working days.

The cost of utilities will be reduced in accordance with the number of days when they were not used. You can also write an application for recalculation in advance, but it will be done for no more than 6 months. If the period of temporary absence is longer, you will have to write another application.

If you, as the owner of the premises or a tenant, are going to live in another area for more than 90 days, you must obtain temporary registration, since you must be charged rent exactly where you are.

For improper provision of services for the maintenance of the common property of the house, residents have the right to demand a recalculation (Resolution of the Government of the Russian Federation of August 13, 2006 No. 491). You, as a consumer, can force the management company or other utility provider to recalculate if the service was not provided properly. For example: if the batteries are cold or an accident occurs. It is necessary to request a recalculation for the entire time during which the service was not provided.

But this is a very difficult process, which includes the creation of a commission, measurements, etc. In this case, it is worth trying, since you will not only save your money and not pay for what you did not receive, but also discipline the service provider.

How is rent calculated if no one is registered in the apartment?

The apartment has an owner, even if no one is registered or living in it.

In accordance with Art. 153 of the Housing Code of the Russian Federation, the obligation to pay for utilities appears from the moment of purchase of real estate.

It is necessary to install metering devices in the apartment and, according to indications, pay for water, sewerage, electricity and gas.

Payment for cleaning the local area, maintenance of housing, elevator, garbage chute, heating is charged per square meter. meters and does not depend on registration and residence at this address.

The housing office may exempt the homeowner from partial payment for garbage removal due to absence; for this, it is necessary to contact the Criminal Code with an application.

It is worth noting that the reduction in utility payments is provided exclusively for garbage collection, as well as sewerage, water supply and gas. In any case, space heating and basic utilities will need to be paid in full.

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How recalculation is carried out

The fact that a tenant is absent from his place of residence and registration for a long time (from 5 days) is often used as a basis for recalculating utility bills.

Upon returning home, this citizen must submit an application within 30 days to reduce the amount of payment for that period. The recalculation process is carried out taking into account the requirements of Government Decree No. 354 for 2011.

This Decree specifies a list of those services for which the fee may be reduced in the temporary absence of an apartment tenant. This list does not include heating and home maintenance. In order for payments for gas, water, and electricity to be recalculated, the apartment must not be equipped with meters.

According to the Resolution, the utility consumer draws up a statement indicating the requirement for recalculation, the period and the reasons for its absence. Documents proving the fact of non-residence are attached to the application. When calculating the new payment, you need to take into account both the day of arrival and the day of departure.

ATTENTION! At the request of the apartment tenant, the amount of payment for utilities must be recalculated within 5 days.

You should approach this issue responsibly and carefully. If the person who submitted the application for recalculation does not pay utility bills on time, and then the fact of his absence is not confirmed, he may also be punished by the accrual of a fine or penalty for late payment of utility bills.

What law regulates

Both the Criminal Code and citizens are interested in complying with the requirements of legislation in the housing and communal services sector. Both parties to the contract should know the established rules, which will avoid misunderstandings and conflicts.

When the consumer receives the right to apply for recalculation, and due to what requirements the Criminal Code may refuse - it is stated in Chapter. VIII Government Resolution 354 of 05/06/2011[1].

If you carefully study this document, the actions of the parties become more clear. Although understanding the regulation may seem quite difficult. The main points of this chapter are interpreted in detail as follows.

Legality of refusal

When the management company refuses:

• the premises are not equipped with individual devices, it is technically possible to install meters (exception - there is no one from the apartment or house due to force majeure);
• absence is not confirmed by anything (if, at the request of the applicant, the management company installed and sealed locking equipment during the absence, separating the networks of the house from the apartment, the seals are intact - no documentary confirmation is required);
• Missing the application deadline;
• requests sent by the contractor for confirmation of temporary stay did not confirm the authenticity of the documents.

What services are paid for?

Not the entire amount is recalculated; some services are paid in full in case of temporary absence:

• for housing maintenance;
• for major repairs;
• general house expenses;
• heating.
• constant part of the fee at a two-part tariff.

The remaining amounts will be changed subject to the applicant's right to reduction.

How to apply

The consumer must take or transfer in some way, for example, by post, an application for recalculation to the management company. There is no form established by law; sometimes the housing and communal services organization has a developed application form. You will have to enter the required details:

• applicant details;
• the consumer’s residential address (this is not directly stated in the law, but this information cannot be avoided);
• exact dates of the period.

The application is accompanied by papers that can be used to prove that during this period the person was in another place.

When to declare

The law establishes deadlines, by violating which the consumer may receive a refusal to recalculate. You must submit the form with attachments 30 days after your return. Although the owner of the apartment can apply for recalculation before departure, and only then, within the same 30 days from the date of return, confirm the period with relevant evidence.

When will they recount

The management company is obliged to carry out recalculation in the following order (clause 91 of Resolution 354[2]):

• 5 working days in advance if the request was made before the start;
• up to 30 days after, if the applicant warned about absence after his return.

How will the amount change?

The amount of payment for a month when a person is absent changes in proportion to the days of absence. If the request was registered before departure (recalculation was made), but in fact the number of days is different, 30 days later the management company will again recalculate the payment according to the documents. Of course, if there are few days when the tenant was absent, the change will be insignificant - after all, the main components of the rent are still paid in full. However, in order to save your personal budget, you should contact.

How to prove

A wide variety of papers are attached to prove absence, as long as they can be traced when the person was absent from his residence address:

• certificates from institutions;
• tickets, checks;
• hotel accounts;
• documents of the diplomatic mission from the host country;
• copy of passport with customs marks.

Originals are accepted, but it is better to make copies. You can show the originals immediately upon delivery, then you won’t have to certify copies.

Where can I see the amount?

A decrease in the amount of payment for utility services is reflected in the receipts - both the amount of the change and the basis for the recalculation are indicated there.

Appealing a refusal

The management company's refusal to recalculate is not a final solution to the issue. You can appeal the refusal by filing a lawsuit. If the absence is indeed confirmed, the decision will be in favor of the consumer.

Documentation

• You may be absent from your place of residence for a long time due to a work or creative trip. To confirm the application for recalculation, you should take a copy of the business trip order or a certificate confirming the business trip from your place of work.
• When receiving treatment in a hospital, you will need a certificate confirming your stay in a hospital, sanatorium or resort. Travel tickets are attached to such a certificate (if the sanatorium is located outside the city).
• A person can travel for a long time, make a tourist or guest trip. In this case, you also need to attach travel tickets (train, plane, bus). Tickets can also be electronic. They will serve as proof of your hotel bill.
• If the tenant of the apartment worked for some time in another locality, he can show a document with temporary registration in another place.
• When a family goes to the dacha for the summer, a certificate must be obtained from the gardening or dacha association confirming that they are away from their main place of residence.

Period of absence

It is clear that if a tenant left his apartment for the weekend, contacting the management company is pointless. Fixed payments will not be changed. If you refer to RF PP No. 354, it becomes clear that the minimum period of absence in this case is determined to be a period of 5 days. The maximum period is set at 6 months.

As the management company employees themselves advise, it is advisable to contact them before leaving with preliminary notification of your future absence and indicate its approximate duration. If a citizen submits an application for recalculation of utilities in advance for a maximum period, then after six months he will have to submit another one if the period of absence continues.

If, after submitting a preliminary application, a citizen is unable to document the fact of his absence from his place of permanent residence for the entire specified period (or part of it), then for the unconfirmed period of time all utility charges will be carried out at the established tariffs, in the usual amount.

Low quality services

When the Management Company begins cooperation with a group of residents of a multi-apartment building, it signs an agreement with the residents.

According to this document, the management company provides high-quality and regular house maintenance services, and the residents pay for them. Services must only be of high quality and professional, otherwise apartment residents may not pay for them due to violation of the terms of the contract.

But you cannot simply outgrow paying rent from a certain day; the low quality of public services must be proven. For this purpose, a commission is assembled to study the circumstances of the cases, and a report is drawn up. The report must indicate that the utility service does not meet the requirements.

Recalculation is carried out on the basis of this act, the consumer’s application, as well as on the basis of Government Resolution No. 354.

IMPORTANT! The amount of payment for low-quality service is recalculated not in the management company itself, but in the Unified Settlement Center.

The result of the recalculation should be reflected in a special column of the receipt for utilities, that’s what it’s called. What grounds are there for recalculation based on the quality of services?

1. The appearance of rust in cold or hot water.
2. No gas for more than 4 hours per month.
3. Lack of electricity in the apartment for more than 2 hours.
4. The water temperature in the hot water supply system is below the required 60 degrees (taking into account the permitted deviation - 57 degrees).
5. Heating is turned off for more than 16 hours. This is the norm for outdoor temperatures of up to 12 degrees. If it is only 10 degrees outside, the shutdown can only be carried out for a maximum of 10 hours.
6. Lack of hot water for more than 8 hours in total per month.

When one of these factors is present, you need to draw up a correct act and submit an application to recalculate the payment amount.

What utilities can you not pay for if you don’t live?

If you do not live in your apartment for a long time, you have the right to count on a reduction in housing costs. But the management company will not recalculate for all services supplied. You will have to pay for general house services in any case. These include:

• Current and major home repairs.
• Removal of household waste.
• Maintenance of elevator shafts.
• Heating.
• Community antenna.

Therefore, residents can count on recalculation of the following utilities during their absence:

• Providing cold and hot water.
• Gas supply.
• Electricity (if not calculated using individual meters).
• Water disposal (sewage).

If citizens intend to leave their place of permanent residence for a long period of time, it is advisable for them to notify the management company employees in advance.

Provided that they expect a reduction in payments made.

This procedure is carried out in the absence of individual metering devices in the apartment. When returning from a trip, you need to take care to preserve a document that confirms the fact of absence.

Reasons for refusal

The Management Company may give a negative answer regarding the application for recalculation . She has the right to do this in several cases:

• No recalculation is made for house maintenance services or general household needs.
• Heating will also not be recalculated. The apartment is heated even in the absence of a tenant, unless individual autonomous heating is installed in it.
• Utilities can be paid according to a two-tariff regime. In this case, the constant component of the payment is usually always calculated, even if the person has not lived in the apartment for a long time.
• Documents proving the fact of non-residence are questionable and do not have the appropriate stamps, signatures, or registration.

Recalculation of utility bills and its features

Utility tariffs are currently high and continue to rise. According to legal regulations, service providers can charge fees if residents actually consume them.

However, there are often situations when citizens do not live in their apartments for a long time, and therefore do not use public amenities (for example, they are on a long business trip, vacation, or live in the country for six months).

The prolonged absence of a citizen from his place of permanent residence, according to PP No. 354, may become the basis for a reduction in payments for housing and communal services. You can recalculate for unused utilities if the person did not live by contacting the management company employees.

In addition, the grounds for changing payment indicators may be:

Failure to provide required utilities. Regulatory documents define the periods during which the supplier has the right to disconnect housing and communal services without consequences for himself. If the specified time period is exceeded, then for the period of exceeding the consumer is allowed not to pay the fee accrued for them (clause XI of the RF PP No. 354). Standards for hot water supply are established in Appendix No. 1 of RF PP No. 354 (8 hours within 30 days and 4 hours simultaneously). For cold water - in SNiP 2.04.02-84 (8 hours during the month and 4 hours in a row). Heating can be turned off for 24 hours a month and 16 hours in a row.

Delivery of low-quality services. These include low water pressure, foreign impurities in it, low temperature of heating radiators (the standards are set out in Resolution of the Federal Construction Agency No. 170). To record violations, you must contact the emergency dispatch service (clause X of the Russian Federation Regulations No. 354) to conduct an inspection and draw up a report.

Currently, apartments, for the most part, are equipped with individual metering devices. If available, everything should be paid strictly according to indications. This means that recalculation due to absence is not necessary. If the design of the house does not allow the installation of appliances, then in the absence of a consumer in his own living space, one can qualify for a reduction in utility bills.