Agreement for payment of utilities sample

The nuances of installment payments for utility bills in 2019

Recently, many Russians have been experiencing various problems with paying for utilities, as their costs regularly rise.

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At the same time, many citizens do not know how payment in installments for utility bills is carried out and how this issue is regulated by law.

Agreement for reimbursement of utilities by the tenant: payment agreement, sample

Last modified: January 2020

When the owner negotiates the terms of renting out the property with the tenant, the issue of paying utility bills always arises.

Since bills are issued to the owner, regardless of who actually uses the services, and the volume of services consumed is quite significant, it is necessary to resolve the problem of paying for housing and communal services.

There are two options for payment by the tenant: by including expenses in the total cost of the rental payment, or by a separate agreement for reimbursement of utilities by the tenant, with a detailed description of specific expense items.

Section Rights and obligations when paying for utilities when hiring

Payment regulation requires defining the rights and obligations of each party:

The rights of the lessor may be represented by the ability to determine the period for issuing the invoice.
The rights of the tenant include determining the terms during which the tenant pays utilities .
The landlord's responsibilities include deciphering the cost items for utility bills, timely notification of changes in prices by utility services, and uninterrupted provision of supplied services.
The responsibilities of the tenant include agreeing with the owner of the premises on the time of use of the occupied space, a ban on making significant changes, including installation/dismantling work, compensation for damage caused to the landlord's property due to violations of the rules for operating the equipment and utility networks available in the premises.

The parties may introduce other points regarding the procedure for interaction in various situations, subject to reaching agreement.

Since the paper is one of the legally significant documents , it is recommended that you take its drafting seriously. This will avoid ambiguous situations and disputes.

Grounds for termination

Any of the contracts has its own validity period, starting from the moment of signing and ending with the date specified in the text.

In some situations, it becomes necessary to terminate the existing agreements unilaterally.

The early termination section may indicate any reasons that, in the opinion of the parties, serve as a valid basis for terminating the terms and conditions specified in the document.

Most often, the grounds for unilateral severance of relations are :

debt accumulated over a certain period of time;
violation of the ban on installation of equipment;
failure to comply with obligations to maintain utility networks in good condition;
violation of sanitary and fire safety standards in the provision of public services.

You should not leave the situation to chance, assuming that there will be no problems using the premises. Since the issue of making payments by the tenant does not have clear regulations at the legislative level, documenting oral agreements will help reduce the risks of problems when paying for housing and communal services during rent. If one of the parties violates the terms of reimbursement of housing and communal services expenses, the agreement will become the basis for filing claims in court.

Free question to a lawyer

Need some advice? directly on the site. All consultations are free / The quality and completeness of the lawyer’s response depends on how completely and clearly you describe your problem:

Source: https://zakon-dostupno.ru/nedvizhimost/arenda-naym/dogovor-na-vozmeshhenie-kommunalnyih-uslug-arendatorom/

Laws governing these relationships

An extremely detailed structure of payment for utility services is prescribed in the Housing Code, and in particular, it contains information about where and within what time frame the payment should be transferred, as well as the procedure and rules for providing subsidies or reimbursement of expenses.

All information about the deadlines for transferring transactions for consumed utilities is stated in Article 155 of this code, while Article 154 provides general information about how the cost of utility payments is calculated.

In addition, a specialized Law was issued that unites all laws, according to which, throughout 2020, various changes were made to the Housing Code, affecting the procedure for paying for utility services. The rules by which payments are calculated, as well as their further recalculation, are prescribed in Government Resolution No. 354.

Agreement on reimbursement of costs for payment of utility bills sample Citize

The whole difficulty of paying for the provided utilities lies in the fact that the lessor receives bills for their payment. They include calculations for payment of services for all available premises, including rented ones.

How to collect utility bills from the tenant in this case, and in what amount, is up to the tenant and the landlord to decide. Options for paying for utilities. Most often, two methods are used to reimburse the tenant for the costs of paying for utilities.

The first part is fixed and involves payment specifically for the rented premises.
The second part is floating, which includes payment for utilities.

Agreement on compensation by the tenant for the costs of paying for utilities for the maintenance of the leased premises [place of conclusion of the agreement] [date, month, year] [Name of the lessor], hereinafter referred to as the “Lessor”, represented by [position, full name. ABOUT.

], acting on the basis of [charter, regulations, power of attorney], on the one hand, and [Name of the tenant organization], hereinafter referred to as “Tenant”, represented by [position, full name], acting on the basis of [charter , provisions, powers of attorney], on the other hand, and together referred to as the “Parties”, have entered into an agreement on the following: 1. Subject of the agreement 1.1.

Agreement for reimbursement of utilities by the tenant

An agreement for the payment of utilities is an agreement obliging the tenant of a non-residential premises to independently pay for the resources consumed - water supply, electricity, waste removal, cleaning the territory, etc.

In most cases, the price of renting a premises includes the owner's expenses for paying for utilities, but in some cases the cost of such services cannot be calculated in advance, or it may change significantly every month. Fluctuations in the cost of services may occur:

when renting premises for new production;
when converting premises for sublease;
when renting large retail spaces.

We invite you to read: The gift agreement is an act of acceptance of the transfer

If several non-residential premises located in a residential building are leased to one person for the purpose of unification, then in this case work is inevitably carried out to reconstruct the utility systems.

6. Grounds for exemption from liability 6.1.

Raa Law

Enterprise-2 is obliged to inform Enterprise-1 in writing no later than 30 days about the upcoming vacancy of the communication network locations upon early termination of this Agreement, and hand over the communication network locations to the Theater in accordance with the act in technically sound condition; 2.2.5.

If the communication network locations are handed over by Enterprise-2 in a faulty condition, Enterprise-2 pays Enterprise-1 the cost of the necessary repairs. 2.2.6. Enterprise 2 undertakes to compensate for damage in full in the event of loss or damage to the property of Enterprise 1 due to the fault of Enterprise 2, including as a result of a fire. 3. PROCEDURE AND CONDITIONS OF SETTLEMENTS 3.1.

Drafting rules and sample

The agreement for payment of utilities is concluded as an independent addition to the lease agreement and must contain the following sections:

representation of the parties;
subject of the contract;
description of the property;
rights and obligations of the parties;
rules for calculating and paying utility bills;
liability for violation of conditions;
procedure for resolving disputes and terminating the contract;
additional conditions.

Other agreements of the owner of non-residential premises

The owner of the rented premises is responsible for maintaining such premises in proper condition, as well as for paying for the resources consumed.

When renting out premises and transferring the responsibility for paying utility bills to the tenant, the management organization can forward the bills to the tenant. If the owner does not have a contract for the maintenance of the premises, then he must enter into other agreements:

with resource supply organizations (RSO);
with contractors.

Suppliers provide water supply, electricity, gasification and heating services. Contracting firms organize:

repair of communications;
repair and cleaning of the owner's share in common premises and territories;
collection and removal of waste.

The owner can perform some of this work on his own or hire self-employed people.

When transferring a building for rent in the absence of a management agreement, the agreement with the tenant for payment of utilities must contain additional information:

a list of resource providers indicating account details;
a list of work on the maintenance of the premises, which the tenant must organize;
list of permanent contractors.

A utility payment agreement allows owners to delegate responsibilities for maintaining the premises and paying for consumed resources to the tenant. To prevent termination of the contract and overexpenditure of resources, it is necessary to carefully prescribe the procedure for calculating the monthly payment using current tariffs.

Sample agreement on reimbursement of utility bills

Upon the occurrence and termination of the above circumstances, the Party must notify the other Party in writing within 3 (three) days from the date of their occurrence and termination, respectively.

The notice must contain information about the nature of the circumstances and their impact on the performance by the Party of its obligations under the Agreement, as well as the expected period for their fulfillment. 5.4. In the cases provided for above, the period for the Parties to fulfill their obligations under the Agreement is suspended in proportion to the time during which such circumstances apply and their consequences.5.5.

From the date of termination of the circumstance that served as the basis for suspending the period for fulfilling the obligation, the period continues to run. The remaining part of the term is extended in proportion to the time of suspension.5.6.

The Consumer undertakes to reimburse the Contractor for utilities paid in accordance with the terms of this Agreement on a monthly basis based on the invoice issued by the Contractor. 3.2 Payment for utilities is made by bank transfer no later than 3 working days from the date of issuance of the corresponding invoice. 3.3.

3.4. The procedure for calculating the amount of utility services to be reimbursed by the Consumer is determined by calculation. 4. Privacy conditions 4.1. Any information transferred by one Party to the other Party under this Agreement is confidential and is not subject to disclosure, except in cases provided for by the current legislation of the Russian Federation. 5.

Russian Federation.4.2. In case of violation by Enterprise-2 of clause 3.2..clause 3.3. of this agreement, Enterprise-2 pays a penalty in the amount of 0.1% of the unpaid amount for each day of delay in fulfilling the obligation. 5. FORCE MAJEURE5.1.

Each Party is released from liability for partial or complete failure to fulfill obligations under this Agreement if it proves that it was the result of force majeure (force majeure), that is, extraordinary and unpreventable circumstances under the given conditions, such as fire, flood or other natural disaster. disaster, as well as the issuance of an act of a government body, which the Party could neither foresee, nor prevent, nor take these circumstances into account when concluding this Agreement.5.2.

For failure to fulfill or improper fulfillment of its obligations under this Agreement, the guilty Party shall compensate the other party for losses caused in accordance with the current legislation of the Russian Federation.6.5.

Disputes of the Parties under this Agreement are resolved through negotiations, and if agreement is not reached, the disputes are subject to consideration in the Arbitration Court.6.6. Each Party is obliged to maintain complete confidentiality with respect to any information relating to this Agreement.6.7.

In cases not provided for in this Agreement, the Parties are guided by the legislation of the Russian Federation.6.8. The terms of this agreement apply to the relations of the parties arising from February 1, 2020, 6.9.

Source: https://impotencemeds.info/dogovor-vozmeshhenii-zatrat-oplate-kommunalnykh-platezhey-obrazets-itize/

Is a loan possible?

Starting in 2012, new rules governing the provision of utility services came into force. Based on these rules, all willful defaulters will ultimately face fairly severe penalties, while conscientious payers, on the contrary, may be provided with all sorts of relaxations.

One of the key innovations is that, if necessary, citizens can order an installment plan for utility debt. The provision of this service is provided only for those persons who this year pay utility bills at a rate that exceeds by more than 25% the cost of the same resource in the previous year.

The provision of installment plans is carried out on standard conditions: a person pays in equal parts his accumulated debt for utilities throughout the month, including the month from which the initial payment was provided.

Read in this publication how to divide utility bills.

Agreement on the procedure and amount of participation in the costs of paying for residential premises

Side 1 – % (percent) of the accrued payment for housing and communal services; 1.2. Side 2 – % (percent) of the accrued payment for housing and communal services. 2. To pay for each share (clause 1), a separate payment document must be generated containing the share of charges for all types of housing and communal services. 3. The parties undertake to pay payments for housing and communal services in a timely manner and in full in accordance with the requirements of the law and no later than the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement for the apartment building.

4. If one of the Parties has a debt to pay for housing and communal services, this Agreement loses its force. 5.

Installment payment for utility bills

In accordance with paragraphs 72-77 of Government Decree No. 354, issued on May 6, 2011, installment plans are provided to citizens on conditions under which they must pay the accumulated amount of debt in equal installments over 12 months, with the first payment being made already in the month from which she starts to act.

Although interest for the use of this service is initially provided for in the current legislation, it will not be accrued or will ultimately be reduced if the contractor receives appropriate compensation from the regional budget.

In addition, as mentioned above, the service itself can only be provided if tariffs have increased by at least 25% compared to those in effect during the same period last year.

Sample application for installment plan for utility bills

Who and how can apply

In addition to the situation where over the last year there has been a significant increase in utility tariffs, there is another option in which a citizen has the right to use the debt payment service in installments. In particular, we are talking about any unforeseen situations due to which a person lost the opportunity to fully pay for utility services, as a result of which the specified debt arose.

In this case, an agreement with the debtor can only be drawn up by the management company that provides the relevant services to the debtor. She will need to indicate in the agreement the possibility of paying the accumulated debt in installments, and this type of installment plan is optional, and if authorized employees refuse to provide such a service, it will be possible to obtain it only in court.

The agreement must initially include all the conditions under which the deferment and subsequent payment of the debt will be carried out. In addition, the relevant rules must be specified in the receipt on the basis of which payment is made.

Statement and Agreement

If the reason for non-payment of utilities is an increase in utility tariffs, then in this case you will first need to apply for a corresponding extract from the EIRC. If necessary, this operation can be carried out remotely by completing the necessary steps on the official website of this body.

After this, an agreement is drawn up between the management company and the debtor, which must contain the following information:

information about each party;
agreement number;
the amount of debt that the debtor will ultimately have to repay;
the amount of payment that will be made by the obligated person monthly;
interest that is applied to the total amount of debt;
signatures of each party.

Interest payment

In accordance with paragraph 72 of the established rules, installment plans are provided on the basis of monthly transfer of a certain amount of payments for one year. At the same time, for the provision of this service a certain percentage must be charged, the amount of which cannot exceed 3% of the refinancing rate adopted by the Central Bank, valid at the time of provision of the installment plan.

Interest for installment plans will not be accrued in principle, or their amount can be significantly reduced if the contractor can receive, from budgetary funds, appropriate compensation for the money that he does not receive in the form of interest for providing the consumer with this service.

The execution of an agreement on the provision of installment plans cannot be considered as an obstacle to a citizen paying the balance of the required amount ahead of schedule, fully repaying the debt that has arisen.

Examples and types of debt repayment agreements

For utilities

Debt on utility bills arises quite often due to the fault of the residents themselves. This is truly a sore point for many, and a hot issue that is causing heated debate over tariff increases. However, refusal to pay utility bills, as a rule, does not lead to anything good, because management companies will act through bailiffs.

To avoid this unpleasant procedure, you can resort to concluding an agreement on restructuring the debt on utility bills. This is one of the most successful solutions that will speed up the payment process and will benefit both the payer and the utility companies themselves. In this regard, management companies rarely refuse to issue a document to a citizen, since they would rather make concessions than sue.

Agreements and statements can be found here.

Sample agreement on repayment of utility debt.

Application to the director of the management company with a request for an installment plan

The only condition that the debtor needs to fulfill before concluding an agreement is to pay a small part of the debt a few days before signing the document.

If you owe money on housing and communal services, you shouldn’t isolate yourself and run away from debt, as the video below will tell you:

According to the loan agreement

A debt repayment agreement is often included as an annex to the loan agreement. The creditor, as it were, foresees possible financial difficulties for the debtor and gives him a chance to pay off the debt in parts, without bringing the matter to judicial intervention. This measure allows the dispute to be resolved out of court.

The agreement under the contract, just like the main contract, specifies information about the parties who entered into it, and also establishes the procedure for repaying the debt in the form of a payment schedule or other conditions. The provisions of such an agreement are binding on the debtor.

About the repayment schedule

A debt repayment schedule is usually drawn up as an appendix to the agreement itself. Typically, the lender provides the payer with installment payments for a certain period.

Within this period, the dates and amounts of payments that the debtor must make are specified, without neglecting the payment of current payments. For the entire period of the installment plan, the lender suspends the accrual of penalties for late payments.

The debt repayment schedule is as follows.

Debt repayment schedule

About the procedure and terms of repayment

The agreement on the procedure and timing of debt repayment does not have a separate document that stipulates the dates in accordance with which payments will be made, that is, there is no debt repayment schedule.

But all conditions regarding the amount of payments and terms of the transfer are stipulated in one of the clauses of the agreement. It also provides for the accrual of a penalty if the debtor does not comply with the terms of this agreement.

By salary

Labor legislation requires the employer to timely pay wages to employees, especially upon their dismissal. In this case, the payment must take place on the last working day. If the employer has not done this, the employee has every reason to file a complaint with the prosecutor's office or labor inspectorate.

However, in this case, you can meet halfway and resolve the issue without the intervention of law enforcement agencies. Drawing up a loan agreement with an agreement to repay wage arrears can settle this dispute. In this case, the creditor will be an individual – the employee, and the debtor – the employer.

About repayment of mutual debt

This type of agreement is often concluded between parties that are legal entities. At the same time, they can interact with each other as counterparties. Both parties provide each other with some good or service, and the debt arises from both parties.

In order to speed up settlements between them, you can draw up an agreement that will spell out the terms of mutual settlements. The debt of one to the other is compared, written off, and the remainder of the larger debt remains. Next, the terms for repayment of the remaining amount are discussed.

The contract form can be downloaded here. The agreement itself looks like this.

Agreement on repayment of mutual debt

With the management company

Such an agreement can be concluded between a legal entity, as a creditor, represented by a management company, and an individual, as a debtor, who has incurred a debt on utility bills. The document specifies the installment payment period during which the debt must be repaid. Therefore, such an agreement is often accompanied by a payment schedule with dates and amounts.

The document form can be downloaded for free here. A sample agreement looks like this:

About installments

Installment payment is an excellent opportunity for the debtor to avoid the accrual of penalties or interest on the principal debt. Under the terms of such an agreement, the creditor gives the debtor time to pay off the accumulated debt. One of the paragraphs of the document stipulates the amount of the amount that will need to be repaid and the time frame for closing the debt. Often a special attachment to the document is a debt repayment schedule.

The agreement may also stipulate the conditions for revising the schedule or terminating the agreement, as well as the amount of the penalty in the event of further failure to fulfill debt obligations. Like other contracts and agreements, this document is drawn up in two copies, each of which is signed by both and has equal legal force.

Installment agreements for debt repayment can be found here.

Sample Agreement on the provision of installment plans for debt repayment (loan restructuring)

Can they refuse?

If there are compelling reasons for providing an installment plan specified in paragraph 72 of the established rules, then in this case the authorized employees of the management company do not have the right to refuse to provide an installment plan to the payer. If a refusal is received, it can be challenged in court, and in addition, if desired, the interested person can file a corresponding complaint with the prosecutor's office. In other cases, the need to provide installment plans remains with the contractor.

From January 1, 2020, the procedure according to which fees should be calculated for non-payment of utilities has undergone certain changes.

In accordance with the rules prescribed in the updated version of Article 155 of the Housing Code, the penalty provided for non-payment of utilities should not be accrued from the day following the day of the required payment period, as was previously provided, but only after the debt persists for one month.

What determines the size of utility bills - read on.

We will also tell you how you can write off utility debts.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Disadvantages of this payment method

We can highlight the disadvantages, both for the management organization and for the person himself who chose this method of paying off utility debts. For the management company, the disadvantage is that it is necessary to hire additional employees who will monitor and record such citizens.

As for the consumers themselves, the disadvantage for them is that the installment plan includes a certain percentage, which will one way or another increase the amount of payment for utilities.

Thus, in order to pay in installments according to the law, you need to contact the management organization with a corresponding application. In the event that a deferment is unlawfully refused, the citizen has the right to appeal to the authorized state bodies or resolve the issue in court.

Urgent issue (court for housing and communal services debts)

if you pay, you can present evidence of payment of part of the debt directly at the court hearing

to pay now or not depends on whether there are any fines and penalties or not. Before the trial, the Criminal Code will automatically count your payment first to pay off these fines. if there is only pure debt in the calculation, you can pay

by installments, the court will make a decision in principle based on the fact of your debt. Then the creditor will receive a writ of execution and contact the bailiff service, and here you will need to submit to the same court an application for installment payment of the debt; this application will suspend the execution of the decision, and there you will also tell about poverty, present a schedule and thousands and thousands.

Installment agreement for utility bills

One of the ways to obtain an installment plan is to enter into an installment agreement with the utility company for the debt on utility bills.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact a consultant:

+7 (St. Petersburg)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE!

This agreement can be concluded if the debtor wants to pay part of the debt monthly and does not want to take the matter to court.

Payment for housing and communal services

The main responsibility of the consumer is to pay for the use of utilities by the 10th day of the month following the previous month (Article 153 of the RF LC, Article 155 of the RF LC).

Today there are enough ways in which you can pay for utilities:

Failure to pay on time may result in negative consequences for the consumer.

As lawyers advise, to prevent them from occurring, you must pay at least part of the monthly payment amount every month.

Incurrence of debt

Rent debt can accumulate if a citizen stops paying utility bills, even partially.

The formation of debt is not possible for all payments, but only for certain utilities, that is, the consumer pays only, for example, for heating and maintenance of the local area.

In this case, as a rule, the debtor, after receiving notice of the debt, tries to pay off the debt.

Often, a debt arises due to the fault of a utility company, when payments are incorrectly calculated or calculations are incorrect, for which citizens receive receipts with an inflated amount.

As statistics show:

about a third of the population does not pay their debts;
half of the population pays debts only after receiving installments;
the remainder are conscientious consumers who pay the debt upon receipt of notification from utility services.

If the owner does not pay utility bills, what will happen to him? See here.

Consequences

If payment is not made on time, a penalty will be charged for each day of delay on the payment amount. The amount of the penalty is calculated based on the refinancing rate of the Central Bank of the Russian Federation.

When calculating penalties, only 1/300 of the rate that existed for the period of the debt is taken.

The first thing the utility company does is send debtors a notice of debt, which provides information:

about the timing of its repayment;
amount of debt.

This document confirms the fact that utility companies work with consumers, who thus resolve disputes in a pre-trial manner.

According to the Decree of the Government of the Russian Federation of May 6, 2011 No. 354, a utility company, upon prior notice, can disconnect a consumer from receiving utility services if the person has not repaid the debt within 30 days and paid for the service in part.

In addition, when living in a municipal apartment, tenants can be evicted from the apartment if they have not paid utility bills for 6 months.

Contract for reimbursement of utilities

16.11.2019

The main problem when paying for housing and communal services is providing bills to the owner of the premises. If the owner rents out an office, then it becomes necessary to draw up an agreement for reimbursement of utilities. In this case, it is necessary to establish a method of payment for housing and communal services by the consumer.

Tenant payment methods for utilities

There are often two options for reimbursement of utility services under a contract, including free use:

Fixed amount of compensation. This item may consist of two parts - the cost of rent for the premises and the amount of funds to compensate for housing and communal services. Additionally, it is possible to include expenses for Internet, telephone and other services after agreement with the contract participant. The consumer pays the owner of the premises by depositing funds into the current account. Subsequently, the lessor independently pays the enterprises of the North Ossetia region for the supply of hot water and cold water, electricity, etc.
The floating rate is specified in a separate appendix to the agreement. In addition to the additional agreement, the parties can agree on payment for housing and communal services in a separate document. This will help level out controversial situations. Development and indication of a specific method and form for transferring funds. If one of the participants is not satisfied with the fixed payment option, then you can always conclude a separate agreement for reimbursement of utilities by the tenant. Sample agreement for reimbursement of electricity

document

An agreement on reimbursement of expenses for utility services is drawn up on a standard form. The paper has legal force after signing by both parties to the agreement. After the date of conclusion of the transaction, the parties are obliged to fulfill the conditions listed in the text for the period established by the agreement.

A document is formed taking into account the opinions of both participants. Endorsed with the signatures of directors of organizations and a wet seal. After this, the contract acquires legal status.

Details and sections

The first part of the paper contains the details of the tenant and the landlord. Further, the points and grounds on which the parties to the agreement make mutual payments and bear responsibilities are spelled out.

Item

The first section in the agreement is the subject of the agreements concluded. In the case under consideration, it is compensation for one of the parties to pay expenses for the use of utilities. Accordingly, the paragraph must provide a list of services for which reimbursement is made.

Rights and obligations when paying for housing and communal services by a tenant

The contract then sets out the rights and obligations of the tenant and the landlord.

In relation to the owner of the premises - the deadline for issuing bills for housing and communal services, formed on the basis of calculations, which are an integral part of the contract. The duties of a legal entity include:

timely provision of information on tariffs;
responsibility for maintaining networks in proper quality;
eliminate violations in the operation of systems;
eliminate the instructions of supervisory authorities;
other.

The tenant is charged with:

make payments for housing and communal services in a timely manner, i.e., within the period established in the contract;
promptly notify the owner of the premises about changes in the operation of the institution if they affect the consumption of resources;
do not carry out redevelopment or other uncoordinated actions;
do not disrupt the operation and arrangement of utility networks;
compensate for damage and costs caused to the lessor's property, knowingly or through negligence.

Sample agreement on reimbursement of payments for housing and communal services by institutions

When forming an agreement on the reimbursement of utilities under a lease agreement, you need to develop each clause of the document. The future relationship between the tenant and the owner of the premises depends on how correctly the conditions are described and the obligations of the parties.

Download the utility reimbursement agreement

Source: https://zakonoved.su/dogovor-na-vozmeshchenie-kommunalnyh-uslug.html

Installment payment for utility bills

In accordance with paragraphs 72-77 of the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, installment payment for utility bills can be provided to a citizen, subject to payments being made in equal installments within 12 months, including the month from which the installment plan was provided.

It is worth noting that interest will also be charged, which may be 3% more than the refinancing rate of the Central Bank of the Russian Federation in effect at the time the installment plan is granted.

However, the percentage will not be accrued, or will be less, if the contractor was provided with compensation from the local or regional budget.

Installment plans are provided to citizens whose payment amount for the billing period has increased by 25% of the same period for the previous year.

To receive an installment plan to repay a debt, a person must be a bona fide payer.

This debt repayment opportunity is available only to those who:

did not abuse this right;
I used to pay utility bills on time.

You can refuse to further pay the debt in installments if the debtor has previously paid the remaining amount of the debt in full.

If the consumer has the right to certain benefits for paying for utilities, then when installments are provided, the amount of debt will be reduced by the amount of such benefit.

How to apply?

The contractor informs the consumer about the receipt of the installment plan in the payment document, which provides information about the payment on installment terms.

Upon receipt of such a receipt, the consumer has the right to pay the debt in the following ways:

pay for the service on terms of installment payments;
pay the entire amount of the debt at once;
use the opportunity provided, and then pay the remaining amount of the debt ahead of schedule, if this does not require the consent of the executor.

If you choose to pay your debt in installments, you will need to pay the debt amount throughout the year in equal parts, taking into account the month from which the opportunity to pay the debt in this way was provided.

It is worth remembering that in this case the debtor will be charged additional interest for the installment plan.

The document states:

creditor and debtor data;
amount of debt;
contract number;
debt payment deadline;
the amount of monthly payments;
signatures of the parties.

Interested in calculating utility bills in 2020? Read here.

Don’t know where to look at the list of utility debtors? Useful information in this article.

Conclusion of an agreement

To pay off the debt, the utility company may enter into a debt payment agreement with the consumer.

By concluding this agreement, the debtor undertakes to repay the debt by:

payment of the debt in a single payment (the amount must be paid within a month from the date of conclusion of the contract);
payment of the debt in installments over 6 months, the first part of the amount must be paid within a month from the date of conclusion of the agreement);
payment of the debt for 6 months, the first payment amount must be paid within two months from the date of signing the agreement).

An agreement to pay in installments for utility bills must include the following information:

date and place of conclusion of the contract;
information about the debtor (consumer) and creditor (utility company);
basis for concluding the agreement (Charter of the enterprise);
the amount of debt, and for which utilities the specific amount of debt and penalties is indicated;
debt repayment schedule and specific date for monthly payments;
the debtor's obligations to pay the debt according to the established schedule;
the obligation of the creditor to suspend the accrual of penalties from the moment the installment plan is granted until the debt is fully repaid;
signatures of the parties.

Disadvantages of such payment

The problem with providing consumers with installment plans is the need to hire additional staff of accountants whose responsibilities will include working with such payments.

When repaying a debt, the consumer must pay interest.

This does not really suit citizens, because no one will want to overpay anyway, even if minimum interest rates are established.

What is housing and communal services debt?

The relationship between homeowners and enterprises providing housing and communal services is regulated by law, namely, enshrined in the Housing Code of the Russian Federation. This standard distributes all rights and obligations arising between the parties. The main responsibility of the population is timely payment for services received.

All enterprises in the industry operate exclusively on the principle of self-sufficiency; subsidies from the state are very rare and for targeted use. However, to maintain stability in utility companies, a number of standards have been adopted at the state level that impose sanctions on defaulters, thereby disciplining the population in terms of paying for housing and communal services and helping utility companies collect a decent percentage of payment for their work.

Having studied the statistics of past years, it is clear that even in prosperous periods of the country’s existence, there were 5% of the population who were persistent defaulters of utility bills. Currently, this figure has risen to 10%, but the “absent-minded payer” category has also appeared, which makes up about 20% of all consumers. It is with such a debtor that utility companies work.

A tenant can be classified as a debtor only if the following factors are present:

A contract for housing maintenance was concluded between the parties to the relationship.
The consumer signed acceptance certificates for the work performed.
Accounting statements from the debtor's personal account with a debit balance from the consumer.
In the absence of a concluded contract and acts of accepted work, confirmation of acceptance of services is at least one voluntary payment by the resident for the services consumed. The presence of a financial document confirming the transfer of funds to the account of a utility organization is confirmation that the consumer recognizes the utility as a service provider.

According to current legislation, failure to pay for the previous two months is considered a debt, which is subject to forced collection. However, you should know that a partially paid receipt turns the debt into incomplete payment, which is subject to a penalty, but cannot be considered in court, like a utility debt.