It has become a common occurrence to charge extra kilowatts for the consumption of light or cubic meters of water. The management company is responsible for recalculation. In case of refusal to recalculate, the property owner or tenant may file a complaint about the unlawful charging of heating fees.
Unlawfully exceeding the cost of utilities may result in legal proceedings. A claim for recalculation of payments will help to draw up:
- A government lawyer who, based on the sample, will help you draw up an application addressed to the head of the management company (MC). In case of legitimate motivation, the company cannot refuse to satisfy the client’s requirements;
- A lawyer from a private law firm can also file a statement of claim in court. Such a claim is drawn up in the event of an unreasonable refusal by the head of the management company to carry out a recalculation;
- Online consultant, ready to help with legal issues regarding recalculations and consumer rights. Consultation on the site is available around the clock;
Important: If the tenant of the property does not live in the apartment for more than five days, he can send an application to the company providing the services, asking for a recalculation. This option does not apply to the provision of centralized heating and communications.
In what cases can you expect a reduction in utility bills?
The provision of housing and communal services is regulated by the Housing Code of the Russian Federation. You can reduce housing and communal services costs in several cases:
- If the services provided do not comply with legal requirements.
- In cases where residents do not live in the apartment.
- If there is a break in the supply of water, gas or electricity.
Reduced payment amounts
You can count on a reduction in the amount of utility bills based on:
- Gas – in case of a change in the chemical composition of gas, which is provided for by law, only with an expert opinion. If the gas pressure in the pipes deviates from the norm allowed by law. Also in the absence of gas for more than 4 hours during a continuous month.
- Heat - an application for recalculation can be drawn up if the temperature in residential premises is less than 18 0 C. The reason for filing a claim is a decrease in the pressure level in heat supply systems, which is provided for by law. In the event of a deviation in the chemical composition of water in the heating system, which has a destructive effect on the condition of pipes and batteries. In rooms where the temperature is below the permissible minimum norm, the heating cannot be turned off.
- Electricity – filing a complaint is possible if voltage standards stipulated by law are violated. The absence of current supply for two hours is allowed if the power plant has two power sources. It is also allowed to turn off the lights for a day if the power supply station has one source.
- Water – there is no need to rush to pay bills if the water supply is not intended for domestic use. If there is sediment of an unnatural color, unpleasant odor, etc. The reason for revising bills is a change in the water temperature provided for by the standards. The hourly lack of water in residential areas is also considered, where population density is taken into account.
Important: If the temperature of a living space without heat supply is below 12 degrees, then shutting down is permissible only for a few hours. The number of hours of permissible absence of heat in this case is regulated by law.
Drawing up an application and necessary documents
It must be remembered that a well-drafted application requesting a recalculation can solve the problem without contacting a magistrate. Justified requirements set out in the document and sent to the housing sector are considered by the head of the management company; if the grounds are legal, then recalculation is made in accordance with current tariffs.
If the application to the housing authority does not lead to a positive result and it is not possible to reach an understanding peacefully, then the applicant goes to court. The statement of claim is drawn up in the form prescribed by current legislation.
Important: If the court decides to return the overpaid money and conduct a recalculation, then the costs of the court will be recovered from the defendant.
List of papers required to apply to the Magistrates' Court:
- A statement with requirements and references to violations that are the basis for recalculation;
- A copy of the applicant's passport;
- Receipt of paid government fee;
- A copy of the rejected application to the Criminal Code;
- A copy of the agreement on the terms of service;
- Expert opinion;
- Copy of personal account;
- A copy of documents confirming the ownership of housing;
- A copy of a certificate confirming that there is no debt on payments for services received;
- Copies of paid receipts;
- Two-way tickets in the name of the tenant, which confirm the absence of the tenant;
- Copies of hotel payment receipts if the tenant was on a business trip;
- A copy of the international passport with marks of border crossing, if the resident left the country;
- A copy of the sick leave certificate if the applicant was undergoing treatment;
- Certificate from the dacha cooperative to confirm temporary residence in the countryside;
- To confirm deviations in the chemical composition of water and gas, it is necessary to submit an expert opinion.
Important: The statement of claim is filed against a company that supplies water, electricity or gas.
When can an application be submitted?
The procedure for recalculation is provided for by law. If the tenant did not temporarily live in the living space, then he is obliged to contact the management company with a request to revise the amounts before leaving or no later than one month from the moment he returns home.
The service provider reviews applications immediately.
Recalculation can be carried out only for half a year of supply of services. Upon expiration of the recalculation period, the application must be sent again.
If the decision to recalculate was made in court, then the utility company is obliged to make changes in payments within 30 calendar days from the date the verdict enters into legal force.
Important: The absence of heat, light or gas for longer than the permissible time is a good reason for recalculation. If a communications outage occurs in an apartment building, then residents can file a collective petition in court. The more tenants agree to participate in the trial, the higher the chances of getting back the overpaid money.
A statement of claim for a recalculation of utility bills is the only way to get your money back if the company supplying it refuses to resolve the conflict peacefully. Of course, court proceedings on rent issues are quite controversial and do not always lead to a positive result, but if you prepare thoroughly and collect an extensive evidence base for the offense, then anything is possible. It is very difficult to resolve such conflicts on your own; it is better to immediately seek specialized help. A lawyer will help you make correct references to current laws.
Valery Isaev
Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal profession, he has conducted many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.
If there are doubts about the correctness of the amount paid for utility bills received, or if there is an overpayment for these services, then you can submit an application to the housing and communal services for a recalculation of payments. The recalculation will be made in the next month, for which the correct amount will be charged, equalizing mutual settlements between the housing and communal services and the tenant.
The application can be made in free form. It must be reasoned; it is not enough to simply write a statement asking for a recalculation without supporting it with anything documented. A strong documentary justification is required to confirm the need to recalculate payments for utility services.
A significant reason may be the temporary non-receipt of utility services provided (every hour of suspension in excess of the permissible norm is paid 0.15% less). If residents will be absent for some time, you can also contact the housing and communal services department for a recalculation if utility services were not provided during the absence. A recalculation can be applied for if residents are absent for more than five days, and their absence must be documented. If meters are installed in the apartment, then there is no need for recalculation in this case.
Another reason may be violations by housing and communal services in the quality of services provided. An agreement is concluded between residents and utility providers, which determines the level of quality. If the actual data does not correspond to that stated in the contract, then a reduction in the cost of these services and a recalculation may be required. Also, the quality of services must comply with SanPiN standards; in the absence of such compliance, you can also contact the housing and communal services with an application to recalculate the cost of paid utilities downward. The cost of low-quality services can also be reduced by 0.15%. In this case, before writing an application to the housing and communal services, you need to deal with the service provider with whom the consumers have an agreement. The fact that the quality of public services does not correspond to the expected must be recorded in an act, which is attached to the application as documentary evidence
A sample application for recalculation of utilities can be downloaded at the bottom of this article.
How to format correctly (sample)
The text of the application is formed in the form of a request addressed to the housing and communal services. The request is for the need to recalculate payments for utility services; if necessary, it is indicated which services are of interest to the applicant.
The reason for the recalculation is mandatory, which must be documented. The attached documentation is listed in the appendix to the application. If the reason is absence from the living space, then the period of absence is indicated. If the reason is the suspension of services provided above the norm, then specific periods are also prescribed. If the reason is dissatisfaction with quality, then it is also necessary to specify your claims and confirm them with an appropriate act confirming low quality that does not meet the required standards.
The application must be addressed to the head of the company that manages housing affairs, for example, housing and communal services. The applicant's details must be provided - full name of the tenant (or tenant), address, telephone number.
The application is signed and dated to the current date. After this, the form along with the attached documents should be submitted to the housing and communal services, and you need to make sure that the addressee has received and accepted the application for consideration. To do this, you can use postal services by sending documents by letter with acknowledgment of receipt. You can bring it in person, completing an application in two copies; you should take one form for yourself with a note of acceptance for consideration.
Has it ever happened to you that you received utility bills at the end of the month, but you categorically disagree with the amounts indicated on them? Probably yes. In this case, you have two options: pay everything as is and hope that in the next months the amount paid will come out as an overpayment. But in most cases, no one will look for a mistake, so if you don’t take care of yourself, you’ll have to forget about the money you spent. Every tenant should know that recalculation is not only possible, it is required to be done, if, of course, there are grounds for this.
If the services were not provided in full
A familiar situation: with the onset of cold weather, the management company is in no hurry to turn on the heating, and then for a long time the pipes are maintained only in a slightly warm state. At the same time, bills arrive with the full amount of payment for heat. Why should the tenant additionally turn on the heater and then pay for 100% of the provided service? In this case, it is possible to recalculate utility bills.
Evidence base
Of course, you first need to prove that the service was not really provided to the extent that it should have been. In this case, it is necessary to find documents, concluded agreements, which indicate regulatory parameters. Now we place thermometers around the apartment and invite a specialist from the management company. He must not only sympathize, but draw up a protocol. Take photos and attach them to your application. Now you can safely go to the Energy Center. They must recalculate utility bills within a month, that is, the next receipt will come with the correct amount.
Water underheating
In principle, the procedure is similar here. First of all, you need to call a locksmith from the management company. He will conduct an inspection and draw up a protocol in which he will indicate the water temperature, compliance/non-compliance with the standard, as well as the probable cause of this phenomenon. Recalculation of utility bills will be done on the basis of this protocol and your application, so it is very important to correctly collect the evidence base. Try to remember exactly when you noticed that services were not being provided in full. The company will have to provide an official response in which it will describe the reason, and also undertake to transfer the overpayment to the current or next month.
Number of registered residents
Tariff rates for electricity and water are often based on this data. If the tenants have left your apartment a long time ago (the children have left their parents), and bills continue to arrive at the same rates, collect the documents and go to the company’s office. The manager will help you draw up an application for recalculation of utility bills, attach documents from the address table to it, and the next month you will receive data on the revision of payments for the entire specified period. Very often people do not know about this and do not report to public utilities about the registration/discharge of family members.
Legislation
Changes are possible either in the direction of decreasing or increasing the cost. The Law on Recalculation of Utility Payments clearly describes all cases in which you can return an overpaid amount or, conversely, pay off your debt:
- If no one lives in the apartment for some time. In this case, it is important that the absence is documented.
- If the family income is less than the subsistence level. In this case, the payment cannot be more than 6% of this amount.
- If the services were performed late or were of poor quality. In addition to air and water temperature, this can include garbage that was not removed on time. Basically, any service you are unhappy with is a reason to contact the person who provides it. This is normal practice.
Recalculation of utility bills for 2017 is carried out according to the following items: garbage removal and water supply, sewerage and gas supply, water heating. Any basis must be supported by documents, otherwise no one will take the application into account.
Norms and standards
For each type of service there are indicators:
- For example, the norm is accepted if hot water during the day has a temperature of at least 60 degrees. From midnight to 05:00 this figure drops to 30 degrees. This is the norm if the consumer has no complaints about color, smell, or hardness.
- Electricity supply is considered to be of high quality if the supplier complies with established standards. If an electrical appliance requiring 220 W operates at half power, then it is necessary to check its serviceability and also measure the voltage in the network.
- Gas supply is assessed based on the chemical composition of the mixture.
- Heating is assessed by the air temperature in the apartment. In living rooms it should be at least +18-20 degrees, and in the bathroom - up to +25 degrees.
Don't forget your rights. Even the most insignificant deviation from the norms allows you to require reconciliation.
Break in the provision of services
From time to time, accidents and preventative repairs occur, during which the electricity or water is turned off. Of course, most often this is a necessary measure, but residents are not obliged to pay for services that they did not receive; there are even good reasons for this. If utility companies in this case claim the opposite, then you can file a claim for recalculation of utility bills. But you need to understand what is considered a break:
- No gas for more than 4 hours.
- No power for more than 2 hours.
- No heating if the temperature in the apartment drops to +8.
- Stopping cold or hot water supply for more than 8 hours per month or more than 4 hours at a time.
Recalculation of utility bills in the absence of tenants
A very popular topic. If you have been away for a long time, then, of course, you want to save on utility bills. According to current legislation, if a consumer has been absent for more than five days, he has the right to a recalculation, with the exception of heating and gas supply services. Moreover, it is not at all difficult to prove this; it is enough to simply provide a document confirming the duration of absence and the reason. Utility workers will accept any paper that can confirm your absence.
If you are going on a business trip, you will need to copy your travel document. When returning from vacation, provide a hotel bill or a passport with border crossing stamps. The fact of residence at the dacha can be confirmed by a certificate from the administration of the gardening partnership. The fact of treatment or study - with relevant documents from the institution. In general, a person is free to go anywhere, even without a final destination. To confirm your absence from home, in this case you will need to provide travel tickets and a certificate from a security organization stating that the housing was empty and was under surveillance.
Collecting documents
You can obtain a sample application for recalculation of utility bills at the office of the company you are contacting. But below we will look at the main points that need to be noted. So, you must collect certificates, protocols and expert opinions, signatures of neighbors, and provide all this to confirm your right to recalculate payments. All papers can be submitted as certified copies. Moreover, the utility worker himself can certify them if he is shown the original.
Employees tend to take a long time to consider an application for recalculation of utility bills. In fact, both review and withdrawal of the final amount take no more than five working days. In this case, the amount will simply be adjusted on the next payment receipt and you will not have to go back several times. If this does not happen, then the person has the right to demand written justification.
I would like to note once again that recalculation of utility bills in the temporary absence of residents is provided for any services except heating. If you have water and electricity meters, then there will be no consumption, and only gas is subject to recalculation. Housing payments, such as cleaning the entrance, will also remain unchanged.
Features of the procedure
If the apartment has individual meters installed, then you don’t have to worry too much. You will still pay exactly what you spent. If you are determined to apply for a recalculation of utility bills if you are temporarily absent from the apartment, then notify the management company in advance. Ideally, on the day of departure, an employee of the management company will come and turn off the water and gas, so that there are no unnecessary questions later.
Unfortunately, no one does this. Therefore, upon arrival, you can request a recalculation of housing and communal services, for which you have a whole month. Applications and related documents are submitted directly to the management company, after which they will be reviewed, and the tenant will be notified of the decision made.
Recalculation for the period of serving the sentence
If the tenant is temporarily absent, this does not change his rights and obligations under the contract. A person’s stay in places of deprivation of liberty is the same temporary absence. The tenant is still obliged to pay for the maintenance and ongoing repairs of the residential premises, which does not apply to utilities. If he does not pay for more than 6 months, the company can recover it through legal action. If a person has not returned within six months, then he can apply for recalculation later, but it will only be made for a period of six months. At the same time, bills for heating and single living expenses will remain the same, since the fact of being in prison does not eliminate the need to maintain the premises.
How to submit your request: sample
The application for recalculation of utility bills is drawn up in free form. As a standard, the recipient is indicated in the cap, that is, the head of the institution. In addition, here you need to enter your details and contact phone number. Below is the heading “Statement”, and then you begin to state the essence of your problem:
- “I ask you to recalculate the payment for hot water supply, cold water supply, sewerage, heating for......, in connection with.....”. Application on... sheets.
You must respond in writing within 10 days.
Statement of claim for recalculation
Utility payments should be revised, but in some cases service providers do not want to waste time on recalculations and refuse to consider applications. In this case, you have every right to sue. There is nothing wrong with this, you just need to collect evidence. That is, you must have copies of all documents handed over to public utilities. In addition, you will need to write an application.
Provide information about yourself, full name, ownership of this apartment and on what basis it came into existence. Then, in any form, describe the situation: what date you received the receipt, why you were not satisfied with the amount, how you contacted the utility service and did not receive an answer. You can refer to the law, from clause 1 of Article 157 of the Housing Code of the Russian Federation, according to which the amount of payment is set according to the indicators of the devices, as well as per hundred. 32, which talks about consumer protection. Below, indicate your request to oblige the defendant to recalculate for the use of utility services, excluding the illegally accrued amount of payment for utility bills.
Instead of a conclusion
Quite often in our lives we come across such a problem as incorrect calculation of utility bills. This may be a one-time error or regular calculation of an erroneous amount, due to an incorrect choice of tariff or for other reasons. But the law of the Russian Federation provides for the possibility of recalculating payments if the owner of the apartment has good reason to believe that the utility company made an error in the calculations. Today we reviewed the main cases in which such a procedure can be performed.
If you are sure that receipts each time come with an erroneously calculated amount, and utility services do not want to pay attention to this, then collect the necessary papers, including the letters that you wrote asking to review the payment, and go to court. Today this is normal world practice: if the problem cannot be resolved in another way, then the citizen has the right to seek protection in court. Despite the apparent complexity, this procedure does not take much time. All you need to do is write a statement and attend the meeting on the appointed day or send your representative.
An application for recalculation of utility services is submitted by citizens who believe that they are being provided with the wrong quality or volume. Despite the minimum level of requirements for the application, you should still take into account a number of rules when writing it.
What services are we talking about?
The legislation provides for a minimum list of services that are the basis for a comfortable life. Well-established sewerage, heating in the cold season, and electricity in the house make up a significant part of a comfortable life.
An application for recalculation of utility services is submitted by a citizen if he believes that the company is violating the rules for providing them. If his complaints are justified, then the company recalculates. This means that next month, the homeowner will pay less or nothing at all for some time.
A significant overpayment makes a claim to recover funds from the company meaningful.
Recalculation can also be made by the supplier company if the user submitted incorrect readings or did not pay extra for previous months. She has the right to carry it out without notice, the client will then receive a receipt indicating the amount of debt.
Legislative regulation
Before writing an application for recalculation of utilities, a resident needs to study a considerable list of regulations affecting this particular area:
- Housing Code.
- Civil Code.
- Rules for the provision of individual services (water supply, heating, gas supply, etc.), each service has its own regulatory document.
- Sanitary norms and rules.
The content of an application for recalculation of utility services is not directly regulated by law. It is enough to know the general rules about citizens' appeals.
Is it necessary to have a contract?
Formally, the law obliges the consumer and the contractor to sign an agreement that sets out their rights and obligations. The rules for the provision of each service provide for a standard contract, and everyone without exception must adhere to its provisions. It does not matter whether the company is privately owned or state (municipal) owned.
It happens that there is no signed agreement. However, this fact does not deprive the owner or tenant of the right to apply for a recalculation of utilities. The 2011 Rules for the Provision of Public Utilities, which are general in nature, indicate that the first moment of provision of the service and its acceptance is considered the moment of conclusion of the agreement.
If the person living in the apartment is not the owner, he needs a power of attorney. The registration mark of place of residence is not always accepted by company employees, which is not entirely legal. A person officially using housing has a full set of rights to provide utility services.
Grounds for application
The legislation provides several grounds for writing an application for recalculation of utilities.
- excessive interruption of service due to accident or repair;
- low quality of service (poor quality water, low room temperature, low voltage level in the network or, conversely, its excessive fluctuations).
Who is to blame for the problem?
The quality of the service provided is influenced by the actions of both the supplier and the person responsible for maintaining the home. The responsibility of the supplier organization ends at the point where the pipe is inserted into the house. In the case of electricity, there are several options for dividing responsibility for networks. Intra-house networks are the responsibility of either the management company or the HOA.
An HOA is an organization created by apartment owners; it is engaged in servicing the common property of residents, part of which are intra-building networks.
If the HOA is to blame for the low quality of the service provided by a third-party company (for example, the networks are not in order), then an application for recalculation of utility fees is not submitted. On the contrary, the HOA is obliged to pay compensation to residents.
If the problem with the quality of the HOA's services is cleaning the house and surrounding area, repairing the house's structures, an application for recalculation is submitted. Garbage removal is provided by specialized companies; an agreement is signed with each owner. Water, electricity, heating and gas supply are also the areas of activity of specialized enterprises.
Who else is responsible for recalculation?
Authorities can create enterprises that collect testimony, calculations and send out receipts for services rendered.
In some regions, utility companies are not directly involved in this at the moment. Sometimes the courts find this practice illegal, but the system does not change.
If such an intermediary works in a locality, then applications for recalculation should be addressed to him.
Where to go for help?
The supplier company is obliged to monitor the quality of the service provided, but in practice this does not happen. To prove that you are right, you have to contact expert organizations. Some are associated with consumer protection organizations. A sample application for recalculation of utility services can be found here.
Specialists take measurements, take samples and otherwise collect material with which they can then substantiate the claim. Service providers, management organizations, homeowners associations do everything to relieve themselves of responsibility: no one wants to lose extra money. But, nevertheless, first of all you need to contact them with a complaint.
What evidence to collect?
If a company representative does not respond to a resident’s call, neighbors can be invited as witnesses to draw up a report of violations.
In the case of heating, representatives of networks note in their reports that the temperature in the room is normal, deviations are insignificant. That's when the help of experts comes in handy.
They will take measurements and draw up a conclusion, which will be difficult to challenge later.
This must be done systematically, so that later in court and other authorities it can be proven that the supplier has improperly fulfilled its duties for a long time.
In a similar way, evidence is collected for an application for recalculation of utilities for heating and electricity.
Evidence of problems with water supply and sanitation, in particular, is provided by flood reports.
Schemes for drawing up documents
An application for the arrival of a specialist must be submitted in writing or record conversations on the phone.
The complaint should specifically describe what kind of violations, in the author’s opinion, exist. 
The following describes how measurement reports are compiled:
- place (city, locality), address;
- information about the participants in drawing up the act (service ID);
- measurements taken, their method, information about the instruments;
- signatures of participants, date of document preparation.
A copy must be provided to the consumer.
An approximate diagram of a sample application for recalculation of utilities contains the following points:
- name of company;
- information about the applicant (full name, place of residence);
- circumstances and grounds for recalculation (it is advisable to refer);
- indicate for what period of time it is desirable to recalculate;
- signature and date of submission;
- annex (it lists copies of complaints, acts, expert opinions).
On a copy of any document submitted to the organization, you must ask to put a mark about the incoming number. This ensures that the application is not accidentally lost somewhere.
The package of documents is the same - whether the application is submitted to the HOA for the recalculation of utilities or to another organization does not matter. It is important not to make a mistake with the addressee.
Contacting supervisory organizations
Housing supervisory authorities operate in each region. They are obliged to monitor the legality of organizations and enterprises operating in the housing and communal services sector. If your application for recalculation is rejected, you must then contact the housing authority. Copies of previously submitted documents and a response from the utility company are attached to the complaint. If there was no response, it is enough to wait a month from the moment the application was submitted to the company to write a complaint.
Zhilnadzor issues a binding order. If it is not fulfilled, a fine is imposed on the guilty company. Usually a fine is enough. If there is still no reaction, there is only one way out - court.
Preparing a claim
A claim for recalculation of utilities is considered according to the rules of civil proceedings. If the amount that the consumer asks to return is less than 50 thousand rubles, you should contact the magistrate’s court. As a rule, it is this authority that deals with all matters related to public services.
We must not forget about the statute of limitations. If we are talking about an amount paid more than 3 years ago, then the defendant has the right to claim the application of statute of limitations, and in this part the court will refuse to consider the case.
The law does not oblige the consumer to first contact all authorities, but the collected papers will facilitate the process of proving violations by the service provider.
What does a claim look like?
What does an application for recalculation of utilities look like in court? This document includes the following items:
- name of the court;
- information about the plaintiff (full name), location address;
- name of the defendant’s organization, location address;
- circumstances leading to the belief that violations have occurred;
- justification (links to documents, examination materials, legislation);
- request to the court (to oblige a recalculation for the specified period);
- attachment (description of attached documents or their copies);
- signature, date of submission of documents.
The number of copies is prepared according to the number of participants in the process.
An application to the court for recalculation of utilities is not subject to state duty upon filing. It is recovered from the losing party after the end of the process.
