How to deal with utility defaulters in an apartment building?

According to the legislation of the Russian Federation, each owner of an apartment in an apartment building, which is under the jurisdiction of a management company or HOA, is obliged to pay utility bills on time. Their amount is not fixed, if there are meters, and is completely calculated based on the services consumed by the people living in the apartment. If there are no meters in the apartment, payment is made according to the established tariffs. In practice, some tenants neglect their responsibilities as responsible tenants and pay late or refuse to pay receipts at all. Therefore, there is a struggle with housing and communal services debtors. How to work with debtors in HOAs, sanctions for non-payment, ways to deal with defaulters, whether they have the right to turn off utilities for non-payment and answers to other questions will be given below.

Types of utility debts

Before you find out what causes non-payment of utility bills, you should understand what types of debt there are. The measures taken directly depend on the type of debt.

Types of utility debts:

current - debt incurred from the 1st to the 10th of the current month (according to Article 155 of the Housing Code of the Russian Federation, payment must be made before the 10th day of the month following the month that must be paid, unless otherwise established by the HOA or management company) - fines and sanctions are not applied, because the rights of creditors are not infringed;
overdue - a debt for which the payment deadline has already come and passed (begins on the 11th day of the next month, unless otherwise established by agreement with the company providing home maintenance).
Debt up to 3 months – work with defaulters has not yet been carried out, only pennies are accrued. Non-payment is caused, for example, by receiving a salary after the 10th.
Debt from 3 to 12 months is a deliberate evasion of payment.
Debt of 12 months or more – the amount cannot be repaid by the debtors. Non-payment is associated with unstable or low income, the inability to pay the utility bill due to legal (lack/change of the creditor’s personal account number) or practical obstacles.

Housing and communal services: methodology for dealing with debtors

Method 3. Offer to conclude an agreement on debt repayment If personal communication and work with the housing and communal services debtor is not successful, you can begin pre-trial claims practice. An official complaint can be sent by registered mail or delivered in person against signature. For many debtors, an official document becomes the decisive argument in favor of debt repayment. After such a claim is served, almost half of the debtors immediately go to pay off their debts - they fear more serious consequences. The rest give assurances that they will pay for utilities as soon as the opportunity arises. You can enter into a debt repayment agreement with them. It specifies the payment schedule and the timing of the gradual payment of certain amounts. In the future, all that remains is to monitor compliance with this schedule.

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Explain to payers that payments for housing and communal services are the direct responsibility of each tenant , and fines and penalties will be charged for late payment. The accrual of penalties begins from the second month of late payment. This is enshrined in paragraph 14 of Art. 155 Housing Code of the Russian Federation. Penalties are charged for each day of delay, their size directly depends on the number of months during which housing and communal services were not paid. So, from the second to the third month, the percentage of penalties is 1/300 of the Central Bank refinancing rate, starting from the fourth month - it rises to 1/130. (November 2020 Federal Law No. 307-FZ).

Why do citizens become defaulters on utility bills?

As you can see, the above were subjective reasons why the apartment owner cannot pay utility bills on time. In addition to them, there are also objective reasons.

Subjective reasons for non-payment:

low income;
receiving income after the 10th;
high level of seasonal expenses - New Year holidays, summer vacations, children getting ready for school, etc.;
failure to collect payers, i.e. forgetting to pay payments on time;
physical condition of the citizen - payment is impossible without outside help;
temporary absence from the locality where the apartment is located.

Objective reasons for non-payment:

high tariffs for utilities do not correspond to their quality, frequent changes in cost and payment details;
incorrect accrual of amounts - the tenant has the right to receive full information for what and how the accrual is made and, in case of disagreement, to challenge it;
weak notification system for payments - receipts did not reach the apartment owner;
long registration of various benefits and subsidies - for several months, accrual may be made at the old tariffs;
low level of public awareness about penalties for non-payment. This point is worth considering separately.

The fight against debtors - non-payers of utility services, claims from management companies, homeowners associations

Recently, all defaulters of the Customs Code are blacklisted by OVIR and the customs service. A visa is issued for such people, they are allowed to travel to the Russian border, but they will not be allowed to leave it. Departure will be permitted only after full payment of the rent arrears.

low income;
receiving income after the 10th;
high level of seasonal expenses - New Year holidays, summer vacations, children getting ready for school, etc.;
failure to collect payers, i.e. forgetting to pay payments on time;
physical condition of the citizen - payment is impossible without outside help;
temporary absence from the locality where the apartment is located.

Ways to deal with debtors for utility services, are the actions of the management company legal?

A separate category of citizens believes that the low quality of public services provided to them allows them not to pay for them. This is not true. According to current legislation, a homeowners association or other organization responsible for housing and communal services has the right, if payment is delayed for several months, to file a claim and charge penalties.

Can they turn off the lights for non-payment of rent or put a cap on the sewer for debtors - read on.

Claim from a management company (housing association, etc.) to non-payers, sample

The management company has a claim template that can be sent out from the first day of debt formation under the CG (as mentioned above, if payment is not received before the 10th day inclusive). In practice, such a letter of claim to the debtor is printed 2-3 months after the debt is formed.

Information to be included in the claim:

from what date the payment was not received and for what months;
payment period;
responsibilities of the apartment owner;
consequences of non-payment.

Sample: claim from the management company to defaulters

Penalty charges

The standard amount of penalties for non-payment of utilities is 1% per day of the entire debt incurred.

Accordingly, every day the debt will grow exponentially, increasing significantly.

Utility shutdown

In case of long-term non-payment (for a period of 3 months), according to the law of the HOA or housing and communal services, it is legal to disconnect the apartment in which the debt from utilities has arisen: electricity, water supply, etc.

We would like to draw your attention to the fact that the disconnection should be carried out only in this apartment, and not in the entire entrance.

Power outage

Question: “Is it legal to cut off power?”

This is possible by notifying the owner of the apartment in advance, within 3 days. Those. a person is given the right to repay the debt in full. If the amount is not received or he does not appear at the HOA with a document confirming payment (cash receipt, receipt), they have the right to turn off the electricity.

Sewer plug for debtors

Question: “Is it legal to install sewer caps for non-payers?”

Read more: Can a bailiff deprive a debtor of his driver’s license?

Similar to electricity, they have the right to put a plug on the drainage system and on the sewer pipe for debts, having notified about it 3 days in advance.

If work is carried out without notification, the owner of the apartment can appeal such a decision in court.

Restrictions on travel abroad

Another option is for a person to receive permission to leave the country (for example, for shopping). Upon entry back, all purchased goods are confiscated and returned after the debt is repaid.

Seizure of property

Housing and communal services have the power, through the court, to confiscate household appliances, vehicles and other things of material value. Subsequently, they will be put up for sale, and the proceeds will be used to pay off utilities.

Eviction from the apartment

Today, eviction from an apartment is extremely rare. A few cases where housing and communal services filed a claim in court against the debtor for eviction. Housing litigation can drag on for months. Even more rarely, the claim was satisfied. This is possible if the HOA side establishes that the owner of the apartment has a constant income, which is enough to repay the debt. After the completion of the trial, a writ of execution is issued to the owner of the apartment. It specifies the deadlines for vacating the premises.

More often than not, there are reasons why eviction is not possible. One of such reasons is the privatization of an apartment and the registration in it of children under 18 years of age. According to the law, it is allowed to turn off utilities, but not to evict.

Methods of dealing with housing debtors

Depending on this, its category and type of permitted use are determined. Land can be for individual housing construction, for construction, for production, etc.

That is why the most serious disagreements with the Management Company arise against the background of its absence or provision at an inadequate level.

Depending on the timing of fulfillment of obligations, rent arrears are differentiated into several types:

Current – unpaid debts for one billing period. Occurs even if the payment period has not yet completed. Thus, by virtue of Article 155 of the Housing Code of the Russian Federation, monthly payments for services provided are required no later than the 10th day, and the invoice is issued for the expired calendar month. Thus, even in the case of timely payment of housing and services on the 10th, in the period from 01 to the moment the funds are received, the current debt will be recorded. Enforcement measures are not applied to citizens with current debt, because this provision does not violate the rights of the creditor.
Overdue – unfulfilled obligations for which the deadline for payment has already expired. If the management company, partnership or other housing maintenance organization has not changed the payment date, then from the 11th day of the month following the settlement month, a delay occurs. From the moment the debt is formed, not preventive and stimulating measures are applied to the defaulter, but rather enforcement measures - late fees.

Since June 2020, the procedure for collecting debt for housing and communal services has been simplified. When submitting documents, the court makes a positive decision within 5 days without a public hearing. The debtor is given 10 days to cancel the court order - to do this, it is enough to write a statement indicating that the calculation is incorrect or the claims are unfounded.

The fight against persistent defaulters

In each city or even in individual houses, debtors for utility services have to be dealt with using different methods.

Methods of dealing with persistent defaulters:

Posting lists of debtors at the entrance for everyone to see. This method is not only ineffective (the times of conscience ended in the USSR), but also gives the right to those listed on the list to file a lawsuit against the HOA for disclosing personal confidential information.
Multi-colored receipts. It has long been proven that colors have different effects on psychological perception. Regular receipts are printed on white paper, debts up to 3 months are printed on blue paper, and debts over 3 months are printed on green paper.
Notification by phone. An automatic answering machine dials the apartment owner's number every hour or two and reminds him of the outstanding debt and tells him about the consequences of non-payment.

So, failure to pay utility bills due to poor quality, low income or other subjective and objective reasons will only lead to negative consequences. The owner of the apartment will have the power supply turned off and/or a sewer cap will be installed. These are the methods of dealing with debts from organizations that provide utility services.

Thus, depriving them of favorable living conditions in the apartment. If the debt is large, it may lead to seizure of property or eviction. Also, if you want to go on vacation outside the Russian Federation, the owner of the apartment will face a ban. Therefore, if it is impossible to pay utility bills in full, you should either notify the housing and communal services and submit documents for benefits for the poor, or try to start paying for utilities partially.

The housing code norms oblige tenants and owners of apartments, houses, and dorm rooms to pay for the use of residential premises and services provided. But not everyone fulfills their duties conscientiously and the reasons for this can be very different. However, this state of affairs negatively affects a particular housing maintenance organization due to systematic losses, which requires a response to defaulters and determination of how to deal with debtors for utility services.

How to deal with utility defaulters

If you want to find out how to solve your particular problem, please contact the online consultant form on the right.
It's fast and free! Or call us at 8(800)-350-30-02 (the call is free for all regions of Russia)! How to deal with debtors for utilities in an HOA for housing and communal services If we consider the current Russian legislation, it is worth noting that the owner of any apartment in an apartment building, that is, in an apartment building managed by the housing and communal services, is obliged to pay utility bills every month.

Types of debt for which we work with debtors

Depending on the timing of fulfillment of obligations, rent arrears are differentiated into several types:

Current – unpaid debts for one billing period. Occurs even if the payment period has not yet completed. Thus, by virtue of Article 155 of the Housing Code of the Russian Federation, monthly payments for services provided are required no later than the 10th day, and the invoice is issued for the expired calendar month. Thus, even in the case of timely payment of housing and services on the 10th, in the period from 01 to the moment the funds are received, the current debt will be recorded. Enforcement measures are not applied to citizens with current debt, because this provision does not violate the rights of the creditor.
Overdue – unfulfilled obligations for which the deadline for payment has already expired. If the management company, partnership or other housing maintenance organization has not changed the payment date, then from the 11th day of the month following the settlement month, a delay occurs. From the moment the debt is formed, not preventive and stimulating measures are applied to the defaulter, but rather enforcement measures - late fees.

To develop an effective program for getting rid of overdue debt, you need to thoroughly know the classification of debts by their maturity dates.

Legal ways to deal with a utility debtor

Of course, no one is canceling the parallel accrual of penalties for each day of delay, which begins with the beginning of the next month following the billing month. Well, then utilities are turned off and most often only malicious defaulters get to this point.

Specifically, the obligation to pay for utility services provided by housing and communal services, housing cooperatives, HOAs and management companies is concentrated in Article 153 of the Housing Code of the Russian Federation. Failure to pay, resulting in an increase in debt, involves the service provider carrying out work in relation to the residents. Most often, already at the first stages of accumulation of unfulfilled obligations, penalties are charged, disconnection of all kinds of services, filing a claim with an explanation of the consequences of going to court, etc. It also happens that collectors are involved in the case.

Methods of pre-trial work

The energy supply organization does not want to resort to more peaceful methods, although the above for the most part do not contradict the law. This is because, in the opinion of the lender, other methods are less effective and more labor-intensive, especially when life circumstances are revealed that allow the resident to qualify for a subsidy or benefit.

At the same time, pre-trial work with defaulters is a set of measures that, on the most mutually beneficial terms, would allow the debtor to pay off the debt without litigation.

Methods of dealing with defaulters and debtors for housing and communal services at the pre-trial stage also include:

Study of the financial and financial condition of the defaulter.
Dialogue between counterparties about the reasons for the accumulation of debt and an explanation of all possible consequences of further ignoring payment requirements.
Proposal of alternative calculation methods.
Providing installment plans or debt restructuring through a settlement commission.

Suppliers of housing and communal services should not neglect preventive measures aimed at preventing the accumulation of debt, first of all, this concerns improving the system for making payments for utilities, liability mechanisms and improving quality.

Read more: Is it possible to register in non-residential premises?

Housing cooperatives, management companies and the like are required to adhere to the following sequence of activities:

Collect and analyze information on accounts receivable (accumulate them in reports, registers of accounting for enforcement proceedings, etc.).
Notify debtors (in writing or orally of the defaulter).
Personal reception. A competent employee must discuss the current situation in the form of a dialogue and offer options for exiting it. This measure is effective if the reason for the debt is a difficult financial situation and lack of funds at a particular moment (loss of job, etc.).
Concluding a debt repayment agreement. There are different versions of the essence of the agreements reached, which formed the basis of the document. This includes installment plans, transfer of debt (if the premises are sold and the buyers assume the debt), and offset (the debtor performs the work assigned by the creditor to pay off the obligations).

But residents are different. And if such an unscrupulous employer or owner is an asocial person, then such measures are most often not enough. But fortunately, the majority of residents are respectable citizens who sometimes find themselves in difficult life situations that require a helping hand.

What do they do in Russia with debtors for utility bills?

Currently, the State Duma intends to consider a draft law that would prohibit the disconnection of utilities for non-payment. The idea is supported by Vladimir Yakushev, who heads the Ministry of Construction and Housing and Communal Services. He notes that he is not a supporter of such cruel punishment of Russians, especially if they find themselves in a difficult life situation.

Yakushev notes that it is necessary to introduce soft methods of dealing with non-payers, and turning off gas or electricity is already an extreme measure.

In order for the complex to function at a decent level, it must receive appropriate funding. Currently, Russians' debts to housing and communal services amount to approximately 573 billion rubles.

Working with debtors in court

If peaceful methods of fighting debtors for utility services during pre-trial work have no effect, it’s time to go to court, especially since no one has canceled the statute of limitations. Since June 1, 2016, the procedure for judicial collection has undergone certain changes. The process takes place within the framework of writ proceedings without calling the defendant, provided that the applicant has collected the required package of documents and the amount of the debt is not more than half a million, 100% confirming the existence of the debt. The term for issuing a ruling on a court order is 5 days. If the amount is greater, then the case is considered within the framework of the claim proceedings.

After the decision is made, you must wait until it comes into force, because the debtor has the right to appeal it. From the moment the verdict is announced, the debtor can independently execute it and pay off the debt, and if not, then the already valid decision is transferred to the bailiff for execution.

The FSSP official, by his resolution, initiates enforcement proceedings and applies sequentially and progressively the compulsory execution measures provided for by law:

Enforces penalties on property and funds, periodic payments (salaries, payments under one-time civil contracts, etc.).
Arrest and seizure of property.
Ban on leaving the country.
Eviction, etc.

How to deal with debtors

— Increase in penalties . From January 1, 2020, the amount of penalties is calculated at new rates. Previously, from the 1st day of delay, penalties were set at 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Now there is no penalty for the first month, the second and third months are considered 1/300 of the refinancing rate. Starting from 91 days of delay, the penalty increases sharply to 1/130 of the refinancing rate. Let’s say the debtor has an unpaid payment in the amount of 3,000 rubles, the payment deadline is February 10, 2020. Until March 10, no penalties will be accrued to him. From March 11 to May 10, the penalty will be 110 rubles, from May 11 to July 10 – 258 rubles. 08 kop. The total amount of penalties for 5 months of delay will be 368.08 rubles.

— Restrictions on the provision of utility services may be applied if the consumer has arrears for two billing months. You can only suspend a utility service for which there is a debt. When calculating the amount of debt, the standard and tariff are taken into account. The heating and cold water cannot be turned off. It is also unacceptable to limit the supply of resources to the entire entrance because of one or several debtors, so that bona fide payers do not suffer. As it turned out in practice, the most effective is to limit the sewerage service by installing a plug on the sewerage system in the debtor’s apartment.

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Involvement of collection agencies

On January 1, 2017, a new version of the Federal Law “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” came into force. The law established strict requirements for the work of collection agencies, but at the same time left a gap in the regulation of debt collection for housing and communal services.

A debt package for a communal apartment can be sold to a collection agency, or the management company has the right to hire such specialists on staff with the appropriate payment. The main tool that such collectors have in their arsenal is persuasion (conversations, advice, etc.). This establishes the law, but often such persons step over the line of the law and move from persuasion to coercion.

Despite the fact that debt for housing and communal services is a new niche for collectors, more and more agencies are buying up debt packages, and some even specialize only in this type of debt. This trend will continue in 2020, since the field, from the point of view of the work of collectors, is very promising, with a minimum of costs and a maximum of returns. When working on a debt, the collector receives a wide range of personal information, which is an effective tool in obtaining results.

Working with housing and communal services debtors using collection agencies

Working with housing and communal services debtors and collecting debts from them is an integral part of the daily routine of management companies, homeowners' associations and housing cooperatives.

Typically, management organizations do not involve collectors in their activities - this is not customary in the housing and communal services sector.

Info

Firms managing apartment buildings try to collect debts from residents on their own. At the same time, experts believe that in the near future collectors will begin to work much more actively to attract clients from the housing and communal services sector. Collection activities are now strictly controlled by law.

Requirements and restrictions for collectors are specified in Federal Law No. 230-FZ of July 3, 2020.

The management organizations themselves, which collect debts from the population, are not subject to this law.

Important

Getting on such a “black list” is extremely undesirable for a significant part of them, since a considerable percentage of non-payers are quite wealthy people who do not pay for utilities not due to lack of funds. For example, among debtors there are many who purchase investment real estate. If you own several apartments, non-payment may simply be due to the fact that a person forgets to deposit money.

The management company needs to explain to such debtors that information is included in the credit history 10 days after the court makes a decision to collect the debt.

Thus, the defaulter is given a reasonable grace period for payment even in this case. If he pays off his debts within 10 days, he will not incur any reputational costs.

The management organization can justify its position in different ways.

The Civil Procedure Code of the Russian Federation states: “Foreclosure under executive documents cannot be applied to the following property owned by a citizen-debtor by right of ownership: residential premises (parts thereof), if for the citizen-debtor and members of his family living together in the owned premises, it is the only premises suitable for permanent residence...”

New penalties

For a long time, the Ministry of Construction announced a sharp increase in fines for debtors for housing and communal services. It came true. Just the other day, the State Duma adopted a law that establishes a new amount of penalties for individuals and legal entities for non-payment of services for the provision of electricity and heat, gas, water and sewerage services. A small concession has been made for citizens: penalties will not be charged during the first month of delay. From the 31st to the 90th day of delay, penalties are set at 1/300 of the rate, from the 91st day - 1/130 of the rate (currently, penalties for citizens are 1/300 of the rate from the first day of delay). The new law will come into force on January 1.

However, utility companies have little hope for fines and invent their own, more effective methods of forcing them to pay. Thus, the Municipal Unitary Enterprise for Water and Public Utilities "Oryolvodokanal" recently presented a special plug for the toilets of defaulters. The enterprise intends to limit water disposal to those who have not paid for water supply and sewerage for more than three months. The sewerage service will not be available to those who have been at fault until they have fully repaid all debts, as well as the cost of the plug. Restrictions on water disposal may begin in Orel as early as November of this year.

Housing and communal services enterprises in Moscow and other cities already have similar experience.

Don't drive me into a corner

However, in the heat of the struggle with defaulters, how not to put them in a hopeless situation.

Thus, utility workers did not want to deprive residents of the certificates they needed, but only to inform them about the debt and encourage them to pay it off.

Example 6. Employees of the municipal enterprise “Management of Housing and Communal Services of the City of Kanash” found effective ways to collect debts from defaulters. So, they stopped power supply to 107 apartments.

This measure of influence had its result: the majority of debtors partially or completely repaid the debt for electricity. Also, 546 lawsuits were sent to the court, they also became an incentive to pay debts. Lists of debtors were published in local newspapers. The head of the city administration, by his decree, created a commission in the city to pay the population for housing and communal services. It was designed to monitor the completeness and timeliness of payment for housing and communal services, as well as to help reduce debt. 13 debtors were invited to the first meeting of the department. Two of them liquidated their debts as soon as they received notice of the commission, even before its meeting.

Attention

The others promised to do so as soon as the opportunity arose. Otherwise, they were threatened with deprivation of their apartment.

Requirements of the management organization for debtors

How work with housing and communal services debtors should not be carried out

When trying to encourage integrity in a defaulter, it is worth knowing your boundaries. You should not post lists of debtors at the entrances of houses, as well as in other publicly accessible places in the local area, as this violates the rights of residents and can lead to litigation in court for the protection of honor and dignity. Practice shows that Themis is on the tenant’s side.

It’s not worth talking about the fact that working with debtors to pay debts for housing and communal services is possible, but not necessary, using illegal methods. Insults, threats, coercion, deception and other tricks are unacceptable. All this can lead to court, but not necessarily as a party to a civil case, but as a defendant.

What happens if you don’t pay housing and communal services - about this in the video:

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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Current legislation obliges property owners to pay utility bills. Despite this, there are situations when contributions are not made, resulting in the accumulation of debt. We’ll talk further about how to deal with utility defaulters.

Work of the management authority with housing and communal services debtors: methods of dealing with defaulters

Management companies, homeowners' associations and housing cooperatives can also independently work with housing and communal services debtors and collect debts from them. The new law does not concern this area. The activities of collectors mean the implementation of actions to collect overdue debts from individuals, which is carried out by specialized organizations. The law on debt collectors clearly states the methods that can be used in dealing with defaulters, as well as the methods that are prohibited.

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The editors of the journal "Management of MKD" studied one of the most effective methods of influencing the debtor - a ban on leaving the Russian Federation. In the article we will tell you which debtors can be restricted from traveling abroad, how to initiate a ban, and what is the procedure for initiating enforcement proceedings. You will be able to issue a warning notice to the debtor, as well as a sample application to the bailiffs demanding that a persistent defaulter be prohibited from leaving the Russian Federation. According to statistics for 2020, thanks to this method, bailiffs collected 20.6 billion rubles from debtors.

What are utility bills and who should pay them?

Utility payments mean monthly payments for services provided by the management company and resource providers. These include:

rent;
garbage removal;
major repairs;
gas supply;
electricity;
water supply;
heating.

Each house (apartment) has its own list of utility bills. They must be paid by the official tenant or owner. For example, citizens live in a municipal apartment under a rental agreement. It clearly states the need to pay utility bills and responsibility for the accumulated debt. The tenant of municipal housing must also pay contributions for major repairs, despite the fact that he is not the owner.

In an apartment building, rent is calculated by the management company, and payment for resources is done by official suppliers. Regardless of the type of house management form, owners are required to pay for the maintenance of internal and adjacent areas. Homeowners' associations and housing cooperatives open their own accounts, to which fees are subsequently transferred.

How to deal with utility defaulters

Thus, the main mechanisms of influence of the management organization on debtors are the suspension of the provision of utility services until full and actual payment and the presentation of appropriate demands in court.

The management company, homeowners' association, building council or housing construction cooperative have all the mechanisms of influence on defaulters and are obliged to control the flow of funds into the account and take measures to force collection of debt from debtors.

Reasons for accumulating utility debt

Conventionally, three groups of reasons contributing to non-payment of utility bills can be distinguished:

Social. These include low income levels, which simply do not allow paying utility bills on time and in full. Similar reasons are relevant for pensioners and low-income groups of the population. In order to support them, the government introduces subsidies that reduce utility bills.
Physical. No person is immune from accidents and unforeseen situations. So, someone ends up in the hospital feeling unwell, and someone loses their permanent job. Such factors lead to the creation of utility debts.
Psychological. Some citizens refuse to pay utility bills out of their own convictions, citing poor quality of service provision or disagreement with the tariff.

Read more: What documents are needed for registration through government services

Before considering the consequences of non-payment of utility bills, it is worth immediately stipulating that the debt can be either temporary or permanent. This directly affects the type of punishment. For example, a person could simply forget to pay a bill, and the next month he will make a double payment. In fact, this is a debt, but its quick repayment removes all responsibility from the owner.

Ministry of Construction for tightening measures against non-payers of utility services. What awaits debtors?

The Ministry of Construction is developing a set of measures that will help, if not eliminate, then significantly reduce the number of defaulters in the housing and communal services sector. The list of possible sanctions includes a ban on obtaining a driver’s license and real estate transactions. Plus, management companies may lose the right to manage funds received for utility bills. The list of measures will be further developed. The Ministry of Construction has time for this - all summer.

The fact that the Ministry of Construction will develop measures to combat defaulters on utility bills was stated by Andrei Chibis, Deputy Minister of the Ministry of Construction and Housing and Communal Services. He noted that serious tightening awaits defaulters.

According to Rosstat, in 2013 the population alone owed more than 100 billion rubles in utility bills. There is no exact data yet on the debt of legal entities. According to experts, this amount is almost 230 billion rubles. The National Collection Service (NVS) carried out calculations and determined that by June 1, 2014, the volume of accumulated debt (payment delay for which exceeds 30 days) reached 901 billion rubles.

Who is included in the category of defaulters? First of all, these are “forgetful” debtors. There are approximately 6% of them. In second position are owners of investment apartments who are in no hurry to repay housing and communal services payments.

They hope to influence the situation and change it with the help of specific legislative decisions. The first solution is to increase the daily penalty to 1/170 of the refinancing rate. Today this figure is 1/300. Corresponding amendments to the Housing Code are already under consideration in the State Duma. Andrey Chibis explained that in reality, introducing this amendment will increase the cost of payment to 17%. Currently this threshold is 8%. As a result of the introduction of sanctions, according to expert forecasts, the share of defaulters will not exceed 2%.

In addition to this measure, the Ministry of Construction is developing its own proposals. One of them is a ban on registering real estate transactions. The proposal is still at the development stage, but the Ministry of Construction will introduce it in the fall. The main task of the department is to determine for which real estate such a ban should be introduced: in general for all property, or only for that for which a corresponding court decision has been made. In addition to this sanction, the Ministry of Construction proposes to extend the ban to other government services. For example, introduce a ban for defaulters from obtaining a driver's license until the debt is repaid, or limit the access of defaulters to bank credit products by entering data on utility debt into credit histories.

But defaulters are only one part of the problem of delayed utility payments. The second part of the problem is on the conscience of management companies, in whose accounts funds from utility companies are often retained. The reason for the delay is simple - management companies (MCs) exist at the expense of utility bills. The share of funds actually owned by management companies does not exceed 6% (this is a fee for their services); the remaining funds are money that must be transferred to utility service providers. However, some management companies are in no hurry to make the transfer and delay them for 1-2 months in order to make a profit on the amount on the financial market. But that's the best case scenario. It happens that management companies withdraw funds that do not belong to them and liquidate it, creating a new organization in its place.

The NP “Council of Energy Producers” calculated that more than 50% of the debt for 2013. is registered with management companies and housing organizations. So, for example, according to information as of 04/01/2014, the amount of debt of public utility organizations and electric power companies to Gazprom Mezhregiongaz is 41%. Reasons: management companies and companies engaged in the resale of thermal energy.

Galina Khovanskaya, Chairman of the State Duma for Housing and Communal Services, also says that the problem with the management company is systemic. This can be solved by negotiating directly with suppliers. This is one of the options. The second is the transfer of payments to special accounts of the management company, from where the received funds will be automatically distributed among suppliers, Andrey Chibis continues the topic.

Sergei Kondratyev, a representative of the Institute of Energy and Finance, suggests taking a different path, since the proposed options for splitting payments may lead to a decrease in the attractiveness of the business of management companies. He proposes using bank guarantees for payments, and on a mandatory basis. A bank guarantee provided to the management company by the bank will allow the latter to monitor the timely crediting of funds to the accounts of suppliers and utility companies.

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Ways to deal with utility defaulters

» data-medium-file=»https://i1.wp.com/law-fm.ru/wp-content/uploads/2019/05/Sposoby-borby-s-neplatelshhikami-kommunalnyh-uslug.jpg?fit= 200%2C200&ssl=1″ data-large-file=”https://i1.wp.com/law-fm.ru/wp-content/uploads/2019/05/Sposoby-borby-s-neplatelshhikami-kommunalnyh-uslug .jpg?fit=200%2C200&ssl=1″ />Practice shows that it is quite difficult to deal with persistent defaulters of utility services. The fact is that the current legislation treats debtors fairly. Even going to court sometimes does not give the desired result. Defaulters are often met halfway by writing off most of the debt and spreading the remaining amount over a long period. Such situations are associated with the desire of the management company to return at least part of the funds due to it. In the case of resource suppliers, it is a little simpler, since they practice early termination of the contract and refusal to further service the consumer.

What are the consequences of having debt?

Written warning.
Accrual of penalties and fines.
Refusal to further provide the service.
Judicial proceedings.
Seizure of property.
Eviction from public housing.

We propose to consider measures to influence the debtor for certain types of services.

The judicial stage of the struggle with debtor neighbors

If the pre-trial stage and attempts to peacefully resolve the dispute do not lead to a positive result, then the management company turns to the courts, simultaneously imposing restrictions on the debtors’ use of public services. Neighbors of debtors do not have the right to independently go to court, however, they can give oral and written explanations, be called to meetings as witnesses, and help ensure the appearance of debtors at trials. As a rule, residents are much more willing to fulfill their duties and try to find a solution to the problem that has arisen in cases where pressure is exerted on them not only from management companies and government bodies, but also from neighbors.

Consequences of rent arrears

Rent can be called the most vulnerable type of public services. In fact, the supply of resources does not depend on it, so when debt accumulates, you cannot cut the wires or tighten the valve. In this regard, the rent debt may be taken to court. As a rule, before filing a claim, the debtor receives a notice from the management company asking for payment of the debt. In case of refusal, the court will deal with the issue.

It’s a little more complicated for residents of municipal apartments. In addition to the measures described above, additional punishment may be applied to them - eviction. It is specified in the terms of the rental agreement. It is worth saying that in the future, such residents will only be able to rely on housing rented for a fee.

Rent debtors

Anyone who fails to pay rent on time and in full falls under the category of defaulters.

However, all the most serious consequences begin only after six months of non-payments. In this case, even eviction is possible.

Law

The obligation to pay for consumed utilities is enshrined in the Housing Code. Rent, which includes several parts, is paid by both owners and tenants of municipal apartments.

Commercial lease relations are regulated by the Civil Code and the corresponding agreement.

Article 153 of the Housing Code of the Russian Federation establishes two basic requirements for payment of rent:

completeness;
timeliness.

Failure to comply with these obligations gives suppliers the right to use a variety of measures to combat non-payers. The limit beyond which “patience” ends is 6 months.

Those who have accumulated debt over this period or more should prepare for the fact that the debt will be claimed through the courts.

Fighting methods

In addition to delivering receipts, the total amount of which becomes more and more every time, management companies also use other methods provided for by law to protect their rights, which are violated by the defaulter by not fulfilling the terms of the contract he himself has concluded.

The first of these is a warning.

Sample warning

Those who are considered a debtor receive a notice indicating that the citizen has a debt, the amount and duration of which is indicated.

This is followed by an indication of the period by which the debt is proposed to be repaid.

Here is a sample notice of debt for utilities.

As a warning, the management company’s intention to go to court to protect its own rights is voiced.

Here you can re-warn about debt.

What do they do with debtors?

If the debtor was ashamed or frightened and paid off his considerable debt within the time allotted to him, then all misunderstandings will be successfully resolved.

Otherwise, a statement of claim will be filed in court to claim the amount of the debt and you will have to deal with bailiffs, who will be given the responsibility to collect the debt.

But even without this, service providers and management companies have their own set of measures, lists of which appear in the articles of the Housing Code of the Russian Federation. This:

penalty;
restriction of service provision;
termination of services;
eviction as a last resort.

The state provides rent benefits to people with disabilities.
What documents are needed for an apartment subsidy? See here.

Debts for major repairs

Contributions for capital repairs were introduced relatively recently. They caused a lot of discontent from citizens. Many are reluctant to pay into the general fund, citing a lack of actual services. However, the obligation to pay for major repairs is stipulated in the current legislation, so it will not be possible to avoid it legally.

Debts for major repairs will lead to the same consequences as debts for rent. Several warnings will be sent to the property owner. After they are ignored, a lawsuit is filed. By a court decision, the debtor is obliged to repay the accumulated debt with penalties, otherwise his accounts or real estate may be seized.

It is worth mentioning separately that various regions have introduced their own measures to suppress debts in the form of penalties. It begins to accrue when the debt accumulates for two to three months. The penalty rate depends solely on the location of the property.

How people are evicted for debts on utility bills in Latvia

The problem with utility debt exists not only in the Russian Federation, but also in other countries. Svetlana Razvorotneva, who heads the NP Housing and Communal Services Control, noted that there is almost nowhere such a liberal policy as in Russia, so that people use services and do not want to give money for them.

In more countries, there is an advance payment, where the user pays funds in advance, and only then receives services. It turns out that if the money runs out and payment has not been made, the person will simply be disconnected until he pays.

The most severe punishment for non-payment in Latvia. In order to create pressure on violators, water and heating may be turned off here. This punishment is especially relevant in the winter season.

If the debtor is the owner of the property, the apartment may be sold at auction for debts. Such punishment can only be applied by court decision. It often happens that it is enough not to pay 50 euros, and you can say goodbye to housing.

The final price of the apartment is often much lower than the market price, so if the debt is a couple of thousand, even selling the property cannot always help. The rest still needs to be returned.

Debt collection by resource providers

In this case, resource suppliers refer to gas, electricity and water supply companies. As in the cases described above, when a large debt accumulates, they have the right to file a lawsuit to collect it.

Debts for supplied resources are quite rare. This is due to the fact that when a small amount accumulates, the supplier has the right to stop supplying resources (gas, electricity, water). Their renewal occurs only after full payment of the debt and the cost of reconnection. The latter is also required to be paid; it can range from 5 to 10 thousand rubles.

The owner or tenant of the property can enter into an agreement with a resource supplier, under the terms of which the debt will be divided into equal parts, and the connection will be made in advance.

It is worth saying that the entire riser in the entrance of an apartment building may suffer from the actions of the debtor. This mainly applies to water supply and gas supply. If there is no access to the pipe in the apartment, the supplier has the right to turn off the entire riser. This in turn will help pay off the debt. In the case of resource supplies, one cannot fail to mention the situation associated with the accumulation of debt due to long-term departure. This can be avoided by contacting the resource supplier in advance with a corresponding application.

Working with housing and communal services debtors without errors

Mistake 1.
The chairman (or manager) personally works with debtors and goes to court himself.

This is the first and most common mistake. The chairman or manager should not independently take part in legal disputes with residents, apartment owners, members of the HOA or housing cooperative. It is better for a representative of the organization to act in court, acting on the basis of a power of attorney. In addition, he should sign all lawsuits, petitions, etc. In this case, the chairman will feel less confrontation with the residents (although it will remain).

This includes installment plans, transfer of debt (if the premises are sold and the buyers assume the debt), and offset (the debtor performs the work assigned by the creditor to pay off the obligations).

Ban on traveling abroad

After the trial, the bailiffs have the right to file an application prohibiting the debtor from traveling abroad until the debt is fully repaid. This is a great incentive for the debtor.

The amount of debt must exceed 30 thousand rubles. If it is less, the bailiffs no longer have the right to prohibit leaving the country. Since the payment may take several days, and the trip is planned for the near future. The owner should visit the bailiff service and provide a receipt confirming full payment of the debt. Such actions will speed up the procedure.

Don't want to pay? You'll end up in a communal apartment!

Author Andrey Mikhailov

Updated: 08/28/2019 17:07 Published: 05/28/2012 07:00

Society » Practice

Increasingly, management companies are turning to court to evict persistent defaulters for housing and communal services from their homes. And most often they win cases. Here is one of the latest cases: a St. Petersburg resident did not pay rent and utilities for seven whole years. The debt grew to 223 thousand rubles. Now he lives in a small room in a communal apartment.

5 shared

Rosbalt describes how the eviction took place. The man categorically refused to let the bailiffs who showed up in the morning into the apartment. After a warning about forced opening and repeated refusal by the debtor, the door to the apartment had to be broken down. The debtor's home was filled with books and newspapers that had accumulated since the times of the Soviet Union.

Collectors argued with Yarovaya about violations in collecting housing and communal services debts

New amendments to Yarovaya

On March 2, deputies Irina Yarovaya and Andrey Isaev introduced a bill to the State Duma that would actually prohibit collectors from working with housing and communal services debts under an agency scheme. We are talking about situations when the agency does not buy the debt, but is engaged in collecting overdue utility payments in favor of the customer. It follows from the text of the bill that management companies, homeowners' associations and housing cooperatives will not be able to enter into agency agreements with collectors, as well as commission agreements, orders or other agreements that allow them to collect utility debts from citizens, the authors of the initiative emphasize. They refer to law enforcement and judicial practice, noting that intermediary agreements with collectors or companies not directly related to the housing and communal services sector lead to “abuses and violations of citizens’ rights.”

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The document is conceptually supported by the Ministry of Construction, the Ministry of Justice and the FSSP, the explanatory note notes. The press service of the Ministry of Justice told RBC that they are still studying the initiative. The FSSP did not disclose its position on the bill. The Ministry of Construction and the press service of Yarovaya did not respond to RBC’s request.

Other Yarovaya initiatives against debt collectors

In the spring of 2020, the Deputy Speaker of the State Duma prepared a bill banning another scheme for the work of debt collectors with housing and communal services debt: it prohibits management companies, homeowners associations or resource supply organizations from entering into transactions with professional collectors to transfer rights of claim (assignment). At the same time, the opportunity was left for collectors to work with housing and communal services debts under an agency scheme. The document was adopted and came into force in July last year.

On Monday, March 16, Irina Yarovaya introduced a bill to the State Duma to limit the ability of collectors to contact relatives and friends of debtors. According to the text of the document, creditors will be able to contact “third parties” mentioned in the contracts only with their written permission. Now collectors can interact with third parties if the debtor agrees to this, and third parties have not expressed disagreement. This norm is already planned to be tightened, RBC wrote.

Collectors position

NAPKA, in a letter to Yarovaya, emphasizes that professional collection agencies are required to comply with the Law “On Collection” (230-FZ), which, in particular, regulates the frequency of interaction with debtors and prohibits disclosing personal data of citizens, threatening them or exerting psychological pressure. For violations, the collection agency may lose the right to work for 90 days or receive a fine of up to 500 thousand rubles. As noted in the letter, “increased requirements” are established for professional collectors, but there are none for housing and communal services organizations. This “may lead to violations of citizens’ rights when these organizations carry out activities to repay overdue debts,” the association believes.

Putin supported the proposal to abolish bank commissions when paying for housing and communal services Economy

NAPCA asks to provide data on gross violations committed by companies included in the FSSP register in 2018–2019 - according to the law, only such market participants are now engaged in collecting debts from individuals as their main activity. “We hope that the statement of the authorities is based on real facts, and therefore we asked them to share data for their understanding,” NAPCA President Elman Mehdiyev told RBC. According to him, the association has not previously recorded abuses in the collection of debts for housing and communal services by companies included in the FSSP register.

“We don’t know whether these companies are black or gray, but it is obvious that all the cases [described in the bill] are related to small management companies,” Mehdiyev explained. According to NAPCA estimates, the housing and communal services segment in the work of collection agencies under the agency scheme does not exceed 4% of the total debt portfolio. Professional collectors no longer work under assignment agreements, but previously the share of such debts was insignificant.

There are few abuses by professional collectors in this area, since most collectors do not deal with such debts, says Dmitry Zhdanukhin, general director of the Collection Development Center. “Almost all high-profile cases are associated with the specialists and creativity of the management or resource supply organizations themselves,” he says.

The head of the ONF project “For the Rights of Borrowers,” Evgenia Lazareva, confirms that they have not received complaints from citizens about the actions of collectors in the housing and communal services sector. But, according to the expert, it is extremely difficult to determine the “nature of the debt”: “Since there is no objective and effective supervision, recording violations in the area of collecting debts for utility bills is a very difficult task. It is very difficult to determine who specifically violates the collection rules - illegal collectors, licensed collectors under an agency scheme, management companies or resource supply organizations.”

The problem of regulation

The Law “On Collection” does not apply to legal relations that arise in the housing sector. Since July 2020, the wording on the possibility of transferring such debts to collectors under assignment agreements has been removed from the text of the regulatory act. The specifics of collection under the agency scheme are not specified in it.

The need to regulate debt collection in the housing and communal services sector is ripe, says Lazareva. But, she said, the current proposals are unlikely to protect citizens from abuse. “The problem with the new bill is that it specifies only those who should not engage in such collection. Following the logic “everything that is not prohibited is permitted,” participants who are not subject to the rules of the law come to this market,” the expert emphasizes.

“The debtor doesn’t care who calls him and for what debt. It is important for him that his rights are respected - there are no calls at night, a huge number of messages several minutes apart, no threats are allowed; that is, it is necessary to follow the general rules,” Mehdiyev notes. According to him, with the same approach to regulation and supervision, restrictions on working with debts specifically in housing and communal services are not necessary for individual market participants.

As a rule, service providers do not enter into direct contracts with collectors and collectors do not receive personal data of apartment owners. So in this area, advertisements with apartment numbers where debtors live are often used, Zhdanukhin gives an example. “There are specifics, and therefore a separate article or chapter is needed,” he believes.

Since last fall, the Ministry of Justice, together with the FSSP and market participants, has been developing a new concept of the law “On Collection”. According to the text of the draft, published for public discussion, it will contain an article on the collection of debts for housing and communal services. Initially, it was proposed to allow professional collectors to collect them, Kommersant wrote. The revised version does not contain this item.