Features and legal characteristics
Legal relations in the field of housing and communal services are regulated by the general norms of civil legislation.
For disputes the subject of which is the collection of debt for housing and communal services, the statute of limitations for utility services is set at three years. This position is confirmed by paragraph 41 of the resolution of the plenum of the Supreme Court of the Russian Federation dated June 27, 2017 No. 22. The debt is also collected outside the established period of time. If the management organization applies for debt collection after three years, the defendant has the right to file a petition to apply the statute of limitations. In the absence of such a statement, the court will continue to consider the case, which is confirmed by paragraph 2 of Art. 199 of the Civil Code of the Russian Federation. At the moment, the rules of law by which the statute of limitations for housing and communal services debts are calculated have not changed; 2021 did not bring innovations. The petition is submitted orally or in writing, for example, at the stage of the preliminary court hearing. ConsultantPlus experts told us what to do with communal services if you are leaving for a long time.
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Payment deadline for housing and communal services for the previous month
It would seem that there is nothing simpler than the procedure for paying housing and utility bills. However, many payers often cannot figure out by what date and for what month it is advisable to pay all utility bills. Sometimes, a delay of several days can spoil the reputation of a conscientious payer for the worse.
When paying for utilities, you should definitely consider how long it will take for your money to reach the supplier's bank account. It all depends on the specific method of payment for receipts. Even if you pay the receipts on the last day of the due date, a debt may arise.
Utility workers advise their customers to make all payments on time. Therefore, every 20th day of the current month is the deadline for paying utility bills for the previous month. Even if the utility workers did not bring you a receipt, this does not exempt you from paying for the current month. All you have to do is go to the Housing Office at your address, and you will be provided with a current receipt for payment, taking into account any outstanding debts.
Calculation order
When a person learned or should have learned about his violated rights, the calculation of the period begins. Please note that establishing a period at the legislative level for protecting your rights does not prevent you from going to court outside of it. In practice, a situation arises when debt is formed from a set of payments arising in different time periods. In this case, calculation for each fact of non-payment is made separately and changes the statute of limitations for housing and communal services; judicial practice confirms this in paragraph 24 of the resolution of the plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43.
Let us consider the following example of the procedure for calculating a period of time. Citizen Ivanov I.I. did not pay fees for the month of January 2021 in terms of the provision of utilities. The MKD management agreement does not specify a different payment period. Non-payment of Ivanova I.I. will go into debt status from 01/11/2021. From this moment, the limitation period for rent begins to count, equal to three years. According to the rules of utility services, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, fees must be paid before the 10th day of the next month.
Debt collection is a basic requirement. Penalties and penalties are derivative in relation to this. If the statute of limitations for the main claim has exceeded three years, then for derivatives it also expires.
Overpayments and debts in payment documents
08/26/2021 The payment documents of MosObleIRC reflect the services of various suppliers - the management company, resource suppliers (water, heat, electricity, gas), garbage collection operator, contribution for major repairs. The document allows you to see the tariffs and volumes of services provided. Information on charges is presented in the table. The total amount payable, in addition to current accruals (column 5), takes into account recalculations (column 8), debts or overpayments (column 9).
Recalculation
carried out on behalf of management or resource supply organizations based on data on consumption volumes. For example, if a resident did not submit meter readings, for 3 months the fee will be calculated based on the average volume of consumption, and starting from the 4th month - according to the standards. After the resident submits the testimony, a recalculation will be made and column 8 will reflect these changes.
Overpayment
may occur when paying an arbitrary amount or paying in advance. In column 9 “Debt/Overpayment (-) at the beginning of the period” the excess is indicated with a “minus” sign.
Debt
occurs when bills are not paid on time or in full. It is summarized from period to period, reflected in column 9 and, along with accruals for the current period, is taken into account in the total amount payable. If a resident pays a bill later than the due date indicated on the receipt, the payment will be taken into account only in the next billing period, and the bill for the current period will reflect the debt in the amount of the unaccounted payment. In this case, the bill can be paid without taking into account the debt or, by contacting the office, you can receive an adjusted payment document. If the invoice is paid in full, the overpayment will be taken into account as an advance payment for the next billing period.
Plus or minus?
The charges that make up the total amount payable are reflected on the receipt as positive numbers without a sign. The amount of overpayment or surplus resulting from recalculation is reflected with a “-” sign and deducted from current accruals.
Distribution of payment for services.
In accordance with the law, the fee is distributed in proportion to all services indicated in the invoice. If you pay an amount less than the accrued amount, the debt will be distributed in proportion to the accruals for all services. Overpayments and debts are taken into account for the service of one supplier. For example, an overpayment can be taken into account against the debt only at the request of a resident, subject to the current status of contracts with suppliers. If you overpay for any service, its cost will decrease until the excess is paid in full.
Terms and methods of payment
. The payment deadline is reflected at the top of the payment document, next to the personal account number. As a rule, this is the tenth day of the month following the billing month. You can pay bills without commission in your personal account on the website mosobleirts.rf, in the mobile application “Mosobleirts Online” or through the instant payment button on the main page of the settlement center website.
What interrupts the deadline
After contacting a debtor with a demand for payment of a debt, different reactions are possible: ignoring, full or partial fulfillment. The actions of the person charged with non-payment may affect the statute of limitations for collecting utility bills and suspend it. If actions are taken from which it becomes clear that the debt is recognized, the limitation period is suspended. Article 203 of the Civil Code of the Russian Federation does not disclose what is meant by such actions. Paragraph 20 of the resolution of the plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43 refers to actions causing an interruption of the statute of limitations for utility payments: the debtor’s demand for a deferment. recognition of the claim. A response to a claim that does not acknowledge the debt does not confirm the debt.
Storage period for housing and communal services payment receipts
Sometimes unforeseen situations happen when money does not arrive in the supplier’s bank account. The consumer conscientiously pays invoices for all services received, but somehow a debt appears on his personal account. In this case, the consumer will have to contact the housing and communal services office to reconcile the payments made. But for this you need to have payment receipts for a certain period.
Then the question arises, for how long should you keep receipts for payment of utility services? If you are aware of this issue, you will be able to avoid unfounded claims from utility services and prove that you are right.
Currently, many consumers use more convenient services to pay for utilities than paying through a bank. Therefore, if you decide to pay receipts using the Internet, then you should definitely print out a payment receipt. After all, in the event of a computer failure or the liquidation of the site, the check will be the only confirmation of payment.
Utility providers advise their customers to keep all receipts for three years. In this case, you can make a reconciliation with utility services every year with a printout of payment statements for the entire period. This document should also be placed in the folder with paid receipts, and provided to the supplier’s employees if a debt is discovered.
Consequences and penalties for non-payment of utility bills
If utility bills are not paid on time, the debt grows every month. In addition to accumulating the principal amount, the management company has the right to impose a penalty (Article No. 153 of the Housing Code of Russia). If received payments are ignored and their repayment is put on hold, then the resource supplying enterprise has the right to collect at any time.
Note: if a citizen has a difficult financial situation, experts recommend applying for a benefit to pay for housing and communal services or filing an application for restructuring. Reasons for applying - illness, serious accident, loss of job, etc.
In the absence of deductions on issued invoices, the supplier, within the framework of PP No. 354, can take the following measures:
- cut off the power;
- stop the gas supply;
- shut off the hot water supply.
Additionally, the owner of the premises faces sanctions in part 14 of Art. 155 of the Housing Code of Russia or the imputation of a penalty under Article No. 330 of the Civil Code of the Russian Federation. The last type of fine is applied unilaterally to a party to the contract who fails to fulfill its obligations.
Please note: the legislation also provides for harsher punishment for lack of payments - litigation, eviction from the apartment.
Why do I receive two different debt payments for housing and communal services?
As for the attentive and conscientious residents, they either simply did not pay the red receipts, or ran with them to the single payment centers, presenting to the tellers the bills that had already been paid on time. These problems, alas, are not purely Moscow. They are typical for any resident of an apartment building.
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== false debt EPD (single payment document): this debt EPD indicates non-existent mortgages for past months and even years; == in a regular EPD, non-existent debts are entered in the “recalculation” column; == in the usual EDP, the indicators of individual (sic!) water meters are inflated many times; for example, in an apartment where the owners gave evidence of 6 cubic meters of hot water wasted per month, instead of 6, 35 was indicated.
How to behave in new circumstances
The same as always: try not to panic, not to do rash things, and not to ignore problems. Even in a difficult situation, you can find a way out: this is said by thousands of EOS clients who got rid of debt with our help. Treat your loans responsibly, try to avoid new delinquencies and repay existing ones as quickly as you can. Most likely, creditors will be ready to help and offer special conditions: the main thing is not to be afraid to make contact and remember that any problems can be solved.
Debt EPD
Contact the authority that provided you with information about the existence of a debt under the EPD, present copies of all payment documents that confirm your payment of the accrued amounts and request a recalculation of the debt amount and changes to the database. If there is a dispute, contact the court with an appropriate claim. Your issue can only be successfully resolved with legal assistance. Always happy to help you!
I was issued a debt EPD for January 2021, although I had already paid it according to the current payment order, albeit with a delay. Do I now need to pay this bill again through the debt EP, or is the already paid current bill sufficient? The payment went through and is visible in the pgu.mos.ru database, but the debt is still hanging.
Housing and Utilities Debt Document Has Arrived And Everything Has Been Paid
4.2. If differences are identified in the current charges and the charges included in the Advance Unified Payer, in the current month the payer must also be delivered a corrective Unified Payer containing the following phrase in the information field: You paid for housing and communal services for the current month using the advance Unified Payer.
The most severe cases of conflicts with public utilities The situation is exactly the same with major repairs, for which the apartment owners themselves now contribute money. From July 1, 2021, a line for major repairs exists in our receipts. In Moscow, this rate is 15 rubles per square meter.
What is a debt EPD?
Already now positive changes are becoming visible, because residents receive together 5-6 different pieces of paper for only 2-3. This is a common practice that allows you to better keep track of your utility bills. It is enough to collect all the receipts together in order, if necessary, to resolve the issue of payment for individual services.
Since the system is new, some residents simply do not know what to do in such situations. They are also sometimes not given specific answers by the support team. You need to clearly understand what to do if you receive a debt document that has already been paid. This should not be ignored.
Debt in enforcement proceedings
It often happens that enforcement proceedings are terminated for the simple reason that there is nothing to take from the debtor, he does not have any property, and all measures to find such property did not bring results.
The bailiff will confirm the citizen’s lack of funds by issuing a resolution according to which debts for housing and communal services will also be written off, but until the debtor has property or funds that can be foreclosed on. Unlock access to the private part of Clerk with a Premium subscription. Get hundreds of webinars and online courses, unlimited consultations and other proprietary content for accountants.
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Why do I receive two different debt payments for housing and communal services?
The main content of the notification about the need to repay housing and communal services debt: Certificate of absence of debt This document is quite often required to be presented, especially when carrying out any transactions with an apartment, for example, a purchase and sale transaction. The certificate is also requested by credit organizations, tax authorities, and municipal authorities in the process of registering ownership of housing.
In case of delivery of Advance EPDs: 4.1. When generating Current UPDs in the period for payment for which Advance UPDs were delivered, the information field of the Current UPD must necessarily contain the following phrase: If you have paid for housing, utilities and other services for the current month earlier according to the advance UPD, This current ENP has been delivered to you for informational purposes. If you have NOT paid payment for housing, utilities and other services for the current month earlier under the advance EDP, payment under this EDP can be made in the general manner.
How to recalculate debt
In most cases, the need to recalculate the debt arises in a situation where no one lived in the apartment for a long time and the incoming receipts for housing and communal services were not paid.
In order for the management company to recalculate the accumulated debt, the owner of the premises needs to perform the following actions:
- First of all, prepare a written statement containing the relevant request. Such a document does not have an officially approved form, so it is often drawn up in any form.
- Collect documents that form the basis for making a request for a recount. Thus, an approximate list of such securities is reflected in clause 93 of section VIII of the Decree of the Government of the Russian Federation No. 354. This could be:
- a copy of the management order on sending on a business trip;
- hotel bills;
- a certificate from the educational institution where the owner of the premises temporarily stayed;
- written notification from the Russian consulate located in another country where the owner is located;
- other types of supporting documents.
- The complete package of papers should be sent to the body performing the functions of managing the apartment building. This could be a management company, HOA, residential complex, etc.
If the addressee ignores the received application or sends an unfounded refusal to apply the recalculation, the owner has the right to complain to the competent authorities (housing inspection, Rospotrebnadzor, prosecutor's office) or file a lawsuit in court.
What reasons could there be for this?
There are many reasons for writing off utility debts. Here is the list:
- Bankruptcy of the owner of the apartment, as a legal entity or individual (personal bankruptcy, can now be carried out through the MFC).
- Death of the owner.
- Lapse of time.
- Liquidation of a legal entity (owner of an apartment).
Site Expert
Fasakhovva Elena Alexandrovna
Member of the Russian State Duma Committee on Non-Bank Credit Institutions. Has been involved in bankruptcy proceedings since 2015.
Ask a Question
It is important to know that bankruptcy proceedings are not carried out as a result of debt on housing and utility payments. Debt write-off is carried out as an addition to existing debts.
As for the death of the owner, debts are written off if there are no heirs or if the inheritance is refused. There are nuances here. But the debt is inherited.
Consumer deception - poor quality service
The money that utility companies receive from us monthly, as they say, is also money in Africa, in contrast to utility services, whose quality equivalent is unstable.
In this case, people follow three diametrically opposed paths: some continue to live, pay and hope that everything will get better over time, others get down to business and write complaints demanding to solve the problem and compensate for losses, others simply stop paying and fall into the category of debtors. Obviously, the most correct way is the second one. If you immediately contact the management company or homeowners association when a problem arises and draw up a report, you will have the right to recalculate for the period during which the interruptions occurred and the quality of the service suffered.
OpenTown Open city
Two days have passed with no answer. Moreover, when paying the utility bill for February 2021, in the Sberbank terminal where I make the payment, allegedly unpaid bills for 2021 and 2021 for 900 rubles suddenly appeared, and then 4 bills already for 1200 rubles, although the bills were fully paid : What if a citizen doesn’t notice and they manage to hit the jackpot here! All forces have been deployed, all possible methods have been used to fool and rob law-abiding citizens.
Really! You can only request additional payment for the last three years! But there is an opportunity for scammers to claim that past underpayments were repaid through future payments! Therefore, the receipt must indicate the period for which payment was made.
