How to recalculate gas bills if a person dies

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

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

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

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

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

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

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

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

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

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

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

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

What utility bills can be recalculated when no one lives in the apartment?

Payments for utility services are calculated taking into account the current legislation of the Russian Federation.

In paragraph 1 of Art. 153 of the Housing Code of the Russian Federation (LC RF) stipulates that citizens and organizations are obliged to pay for housing and utilities on time and in full.

However, there are certain cases when you can pay less for an apartment.

Such cases include situations when:

  • registered in the apartment
    does not temporarily live in it;
  • No one is registered
    or living in the apartment.

What kind of utility bills can be recalculated in order to pay less for an apartment?

Based on the norms of current legislation, it is actually possible to recalculate for the period of absence of the consumer for:

  • water supply (cold and hot);
  • water disposal, sewerage (the amount of payment for sewerage will be recalculated if recalculation is carried out for cold water supply and (or) hot water supply);
  • gas supply (for cooking and (or) for heating water).

However, it is necessary to especially note that such a recalculation of payments for housing and communal services is possible only for those services, the amount of payment for which is calculated according to the consumption rate per person, provided that there are no individual or common (apartment) metering devices and the technical ability to install them.

In accordance with current legislation, it is not possible to recalculate the amount of payment for housing and communal services in the temporary absence of the apartment owner for such services as:

  • electricity supply;
  • utilities for general house needs (including services of a management company for the maintenance of an apartment building);
  • central heating;
  • gas supply for heating purposes (meaning heat supply and gas supply through centralized networks, that is, the apartment is not equipped with a personal heating boiler);
  • removal of solid household waste;
  • elevator maintenance.

These payments are mandatory for all residents of the building, since they are classified by law as expenses for maintaining the common property of an apartment building. Consequently, payment of these expenses is subject to accrual based on the terms of the specific contract concluded with the service provider, in proportion to the total area owned by the individual or legal entity of the apartment.

Contributions for major repairs are not a public service, which means that recalculation of contributions for major repairs due to the absence of persons living in the premises is not provided for by law.

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

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

This is interesting: How to reflect income for KPS and KEK for waste paper in the budget

General information

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

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

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

Recalculation for hot water of inadequate quality

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

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

Benefits after death

1. The right to an insurance pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation. 2. Disabled members of the family of a deceased breadwinner are recognized as: 1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations carrying out educational activities, including in foreign organizations located outside the territory.

1. The right to an insurance pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the manner established by the legislation of the Russian Federation. 2. Disabled members of the family of a deceased breadwinner are recognized as: 1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner who are studying full-time in basic educational programs in organizations carrying out educational activities, including in foreign organizations located outside the territory of the Russian Federation, until they complete such training, but not longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner are older than this age, if they became disabled before reaching the age of 18. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents; (as amended by Federal Law No. 409-FZ of November 12, 2018) (see text in the previous edition) 2) one of the parents or spouse or grandfather or grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinners who have reached the age of 18 years, if they are caring for children, brothers, sisters or grandchildren of the deceased breadwinner who have not reached 14 years of age and are entitled to an insurance pension in the event of the loss of a breadwinner in accordance with paragraph 1 of this part, and do not work; 3) parents and spouse of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (taking into account the provisions provided for in Appendix 6 to this Federal Law) or are disabled; (as amended by Federal Law dated October 3, 2018 N 350-FZ) (see text in the previous edition) 4) grandparents of the deceased breadwinner, if they have reached the ages of 65 and 60 years (men and women, respectively) (subject to the provisions provided for in Appendix 6 to this Federal Law) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them. (as amended by Federal Law No. 350-FZ dated October 3, 2018) (see the text in the previous edition) 3. Family members of the deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was for them a constant and main source of livelihood. 4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years. 5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to an insurance pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood. 6. Disabled members of the family of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to an insurance pension in the event of the loss of a breadwinner. 7. The insurance pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage. 8. Adoptive parents have the right to an insurance pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children on an equal basis with their own children. Minor children entitled to a survivor's insurance pension retain this right upon adoption. 9. The stepfather and stepmother have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to an insurance pension in the event of the loss of a breadwinner on the same basis as their own children if they were raised and supported by a deceased stepfather or deceased stepmother. 10. The insurance pension in the event of the loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner from among the insured persons, as well as the cause and time of his death, with the exception of cases provided for in part 11 of this article. 11. In the event of a complete lack of insurance experience at the deceased insured person or in the event of a criminal offense committed by disabled family members of the deceased breadwinner that resulted in the death of the breadwinner and was established in court, a social pension in the event of the loss of a breadwinner is established in accordance with Federal Law dated 15 December 2001 N 166-FZ “On state pension provision in the Russian Federation”.

We recommend reading: At what age do women with many children in the Chernobol zone retire in Russia

Recalculation of Hot Water in 2020 According to Resolution 354

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

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

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

This is interesting: Payment for the first child in 2020 in Bashkortostan

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

Benefits and subsidies for housing and communal services in 2020

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

We recommend reading: Dismissing an employee at his own request, step-by-step instructions

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

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

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

Features of the procedure

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

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

Recalculation requirement


So, in order for the payment for necessary utilities to be recalculated, the owner is obliged to draw up an application and submit it to the management company or other organization that manages the apartment building. The document contains the following points:

  • personal data of all residents who were temporarily absent from the specified address;
  • dates of departure and return;
  • a list of documents with which a citizen can confirm departure.

The more papers a tenant provides, the easier it will be for him to prove his absence. If we talk about what documents are needed, then in 2020 you may need:

  • papers confirming the fact of the business trip (certificate, certificate, etc.);
  • travel documents;
  • a certificate certifying treatment at a sanatorium or resort;
  • hotel invoices;
  • a document confirming the applicant’s temporary registration;
  • certificates from the consulate, SNT and other institutions or organizations.

A citizen can attach to the application any papers confirming his stay at another address. All of them must be certified by the signature of an authorized official and have the stamp of the organization. If the document is drawn up in a foreign language, then it must be translated and certified by a notary.

Important! Recalculation of utility bills is carried out within 5 days after the application.

To recalculate utilities in the event of temporary absence of residents, only those days when residents were not in the apartment are taken into account. That is, the accounting department does not take into account the day of departure and the day of arrival. Periods when there was no supply of certain utilities are also taken into account.

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

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

In what cases is this possible?

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

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

This is interesting: Transport tax for 2020 for legal entities

Recalculation of utilities after the death of the owner

Pravoved.RU 512 lawyers are now on the site

  1. Real estate
  2. Housing and communal services

Hello! Please tell me how payments for utilities are recalculated in connection with the death of a tenant? What law does housing and communal services follow in this case? Collapse Victoria Dymova Support employee Pravoved.ru Try looking here:

  • Recalculation of utilities due to temporary non-residence
  • Can I file a claim with the Management Company for recalculation of utilities?

You can get an answer faster if you call the free hotline for Moscow and the Moscow region. Available lawyers on the line: 9 Lawyers' answers (1)

  • All legal services in Moscow Dispute resolution Housing and communal services Moscow from 25,000 rubles. Licensing of management companies in Moscow from 40,000 rubles.

How to recalculate hot water

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

Standard hot water temperature

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

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

Reply (anonymous)

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

Registration procedure

In order to complete the recalculation of housing and communal services, taking into account significant circumstances, the owner of the living space or tenant undertakes to initiate an appeal to the service structure by drawing up an application.

What documents need to be presented?

To such an application, the plaintiff must attach documentation confirming that the applicant was indeed absent from the apartment for more than 5 working days.

These may be:

Extract from a garden cooperative or partnershipconfirming that the plaintiff, as well as members of his family, lived on the territory of the dacha plot for a certain period of time
Tour packageon which all the relevant marks are affixed, a document confirming the temporary registration of a citizen in another city
Hotel bills in another locationtravel certificate containing all the necessary marks
Medical extracts from a dispensary, sanatoriumwhich certify that during a specific period of time the applicant underwent a health improvement course
international passportwhich contains notes about leaving the Russian Federation, as well as about entering the country
Two-way plane/train ticketswhich certify the fact of departure/return
Other documentationwhich one way or another confirms the plaintiff’s statements about his temporary absence from the apartment

Service office employees have the right to request the following additional documents from the applicant:

  • — Passports of the plaintiff, as well as his family members who did not temporarily reside in the apartment (copies)
  • — A certificate that certifies that the plaintiff, as well as members of his family, have the right to use the premises or own them (a copy of the social tenancy agreement or an extract from the Unified State Register, a certificate of ownership).

Which authorities should I contact?

The applicant must contact:

  • The recalculation center for the structure that is responsible for the supply of housing and communal services to an apartment building. In particular, to a company that provides gas or electricity
  • Homeowners' Association - MFC, provided that it provides this type of service to citizens
  • DEZ - directorate of a single customer
  • Management office and housing office.

Sample application

The document must contain the following information:

  • Full name, position of the head of the service office, as well as the full name of this organization
  • Full name of the plaintiff, his address of residence (it is necessary to indicate the address of permanent registration)
  • Please recalculate specific housing and communal services
  • Full name of residents who did not live in the premises for a specific period of time
  • Grounds for such action, reasons
  • Date of application, signature of the plaintiff
  • List of documents attached to the application.

How to restructure rent debt, see here.

Video: Recalculation of rent during absence:

(No Ratings Yet)

How to recalculate water using meters

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

Recalculation of water in the presence of meters

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

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

Registration procedure

For recalculation, you should contact the EIRC, HOA, Gorgaz. To do this, you should prepare an application and attach documents to it. The procedure will take about 5 days.

But please note that the money will not be transferred to your account. You will simply receive a receipt for the next month with a reduced amount.

Documentation

The following information should be collected:

  • photocopies of travel documents, which must be certified at the place of work;
  • a document from a medical or sanatorium-resort institution (submit one copy to the housing and communal services department, and the second to the city gas department);
  • a photocopy of the personal travel document, certified by a notary;
  • invoice issued when staying in hotels, hostels;
  • a document issued by a representative of the gardening partnership;
  • vouchers for children’s stay in camps;
  • a certificate from a representative of internal affairs confirming temporary registration at the place of residence;
  • document on temporary absence from a security company that provides services to residents of the house, etc.

Here you can download a sample application for recalculation of utility bills.

Possible mistakes

In order for the management company to stop charging utilities to the deceased, his relatives must contact it with a written application, which will include a requirement to recalculate the receipt in connection with the death of the citizen. Here it is also worth finding out who is charged rent after death and who is obliged to pay it.

If the owner of the housing premises suspects that an error has occurred when calculating rent, he must submit a statement describing the problem to the following authorities in order of priority:

  • management company, whose details are indicated on the receipt for payment of housing and communal services
  • regulatory authorities
  • prosecutor's office
  • court.

At the same time, you should contact each subsequent authority only if you have not received a response from the previous one. If the case goes to court, the applicant will need to provide documentation that will confirm his correctness and the fact of applying to the above authorities.

Rent benefits for pensioners can be provided under various conditions, depending on the status of the pensioner and his length of service.

Is it possible to recalculate rent during temporary absence, and what formula is used to recalculate, you can find out from the article at this link.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends: