The moratorium on fines for non-payment of housing and communal services will not be extended in 2021

Fines 2021: what homeowners will have to pay for

Do you hope to hire a great lawyer and be awarded 100% of the penalty? Oh, unfortunately, you are in the wrong country. Those. you will hire, but there is no point in it. The fact is that no matter which lawyer you hire, the court decision will be the same in 8 out of 10 cases. Why?

Because in two cases of liquidated damages from the same lawyer against the same developer, where the same claim, claim and arguments are the same, two judges award diametrically opposed decisions. The judge in the Vidnovsky court gives 471,000 out of 490,000 rubles, and in the Simonovsky court he cuts the amount to 13! How so?

Because each judge needs his own special approach.

With this penalty, our DDU penalty calculator will not help you. Because its formula differs from the formula for penalties for late transfer of an apartment.

However, the penalty for defects is considered simple - 1% of the amount of defects for each day of delay in their elimination. In this case, the amount of the penalty cannot be greater than the cost of the defects.

In order for the penalty to begin to apply, draw up an apartment inspection report with a requirement to eliminate the defects within a reasonable time. Then hand over the deed to the developer and upon completion of the period the penalty will apply.

At the same time, since who knows how much these or these defects cost, an independent examination is at your service. She will cancel all the defects in the apartment in the inspection report and calculate how much they will cost.

If at the step of claiming a penalty for defects you did not collect a penalty for late transfer of the apartment, then do not combine everything in one claim.

The fact is that then the general requirement will be exorbitant, which is why the judge will most likely think: “Well, this one wants 2,000,000 rubles. Not, perhaps, a lot, I’ll cut it down to 400,000 rubles.” Although, if they had divided it, the judge would most likely have decided: “So, the demand is 1,000,000 rubles. A bit much. I'll cut it down to 500,000 rubles. I think that's fair."

The less you ask, the more they reward

We hope the DDU penalty calculator helped calculate your requirements. Do you want to receive compensation with a guarantee? Contact us by phone +7(495)195-76-47 right now!

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Given:

• settlement of the receipt ended on January 10, 2021;
• the payment amount is 4500 rubles;
• the debt was repaid on February 20, 2021;
• the refinancing rate for the payment period - February 20, 2020 was 6.00%.

Solution:

1. In the first 30 days, no penalty will be charged; this is the period from January 10 to February 10, 2021.
2. Starting from the 31st day, penalties are accrued, that is, the debt will be calculated for the next 10 days.
3. 4500 rub. x 10 days x 1/300 x 6.00% = 9.00 rub.

Conclusion: the amount of the penalty for late payment of housing and communal services within 10 days from the amount of 4,500 rubles will be 9.00 rubles.

To make it clear how the penalty is calculated, let’s take the following initial data:

• Debtor - Ivanov I.I.
• Debt amount - 1000 (one thousand) rubles
• The deadline for payment for utilities is the 10th day of the next month
• The month for which payment was not received is July 2021.
• The Central Bank rate from March 2 to September 16 is 7.25%, from September 17 - 7.5%, and from December 17 - 7.75%.
• Current payments are made on time and in full, new debts do not accumulate
• Amount of late fees for 7 months (until March 9, 2021) - ?

Ivanov had to pay for July no later than August 10. But he did not have the money to pay the debt.

The penalty begins to be calculated from the 31st day of delay, that is, from September 10, 2021. At that time, the refinancing rate was 7.25%.

Many residents of apartment buildings who are faced with the accrual of interest on unpaid debts are trying to challenge the legality of the accrual of penalties. This issue needs to be dealt with in more detail.

The very concept of “fine” is contained in the sources of Civil Law. In addition, other general provisions related to the calculation of penalties, the procedure for collecting them, as well as the grounds, are contained in the Civil Code.

First of all, Article 317 of the Civil Code establishes the possibility of calculating interest in principle. Article 330 of the Civil Code establishes that penalties may be applied in the field of housing legislation.

Article 330 of the Civil Code of the Russian Federation. The concept of penalties

1. A penalty (fine, penalty) is an amount of money determined by law or contract that the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of an obligation, in particular in the case of delay in fulfillment. Upon a claim for payment of a penalty, the creditor is not required to prove that he suffered losses.
2. The creditor has no right to demand payment of a penalty if the debtor is not responsible for non-fulfillment or improper fulfillment of the obligation.

The debtor did not pay 10 thousand rubles to the management company. Exactly 30 days have passed since the payment became overdue.

In order to calculate penalties, you need 10 thousand rubles. multiply by days that correspond to the amount of delay.

Let's say multiply by 20 and then multiply by 9, which is equal to the refinancing rate. Then the resulting value must be divided by 100 and divided by 300.

It turned out to be 60 rubles. This is the amount of penalties that will be charged for the entire period of delay.

But keep in mind that from the moment of 91 days, tariffs will rise, which means the amount of the penalty will increase.

Collection of penalties is a relative concept. The debtor himself must appear at the financial and credit organization or send the required amount to the details of the management company or resource supply company.

Unfortunately, the service provider itself cannot apply any sanctions to the debtor other than filing a lawsuit. However, if the amount of the debt exceeds all permissible amounts, the court will oblige the bailiffs to foreclose on the debtor’s property.

This means that bailiffs can seize property, hold an auction, and debts to the company will be repaid with the proceeds. Read about how to find out the amount of debt online by last name, personal account number and payer code.

In order to legally collect debt on utility bills, you must use the following instructions:

1. First of all, representatives of the resource supply or management company must collect documents, which include acts confirming the existence of the debt and the accrual of penalties.
2. It is necessary to take calculations of bank transactions, which indicate that the citizen has not repaid his debt.
3. After this, a statement of claim is drawn up. The statement of claim must describe the terms, as well as the amount of the debt (how and when is the application for collection submitted?).
4. Before submitting documents to the court, you must pay a state fee.
5. Documents and statements are collected together and submitted to the court office.
6. The court is given exactly one calendar month to review the application and, if there really is a violation, begin to consider the case.
7. The plaintiff will be notified of the need to initiate proceedings.
8. At the court hearing, the parties must defend their point of view, after which the court must make a decision. He can satisfy the plaintiff’s demands in full, or, conversely, refuse to fulfill them. There is an option to fulfill the requirement in part.
9. After this, the court will make a decision and also oblige the bailiffs to collect funds in the required amount through the property.

• notifications of debt for housing and communal services
• notifications of debt for housing and communal services
• statement of claim for collection of debt for utilities
• statement of claim for collection of debt for utilities

Debtors who have not paid their debts for many years, and even more so, turn a blind eye to penalties, know exactly how to write them off. In fact, the penalty is a measure that is applied by the so-called creditors, and can only be canceled at his request.

Very often, service providers do not approve of the practice of waiving late fees. But if the financial situation of the debtor is not known, for example, it becomes known that he belongs to low-income citizens, disabled people, or other beneficiaries, then the penalties will be canceled, and the debt will be paid in installments.

Also, the penalty will be written off if it was accrued unlawfully or in relation to the wrong person. In both cases, it is necessary to act very quickly and promptly point out the fact that the penalty was accrued unlawfully. To do this, you must come to the office of the resource supply or management company with the appropriate application, passport and service agreement.

Within a week, all shortcomings regarding you should be eliminated.

If this does not happen, then you have every right to go to court.

In accordance with Art. 155 of the Housing Code of the Russian Federation, the following data must be entered into the penalty calculation calculator:

1. The time period when it was necessary to pay utility bills.
2. The amount of money that was required to be paid.
3. If the debt is old, then indicate all the time periods for which the debt was formed, in order.
4. Set the end date, that is, when the penalty is calculated.
5. In case of partial payment, you must indicate the following information: date of payment, amount of payment, and try to enter all the data that you have in the receipt by month.
6. Determine the type and method of calculation.
7. Don’t forget about the “Signature when printing” field.

Fines and penalties were not assessed for debtors from April 2 to December 31, 2021. Starting from the new year, you will have to pay off your debts as before. Thus, from January 1, 2021, a penalty may be demanded for debts that arose before April 6 of the outgoing year. And if the debt arose during the “freezing” period, citizens can repay the debt, but penalties will be accrued only from the 31st day of delay.

However, some experts suggest there is a chance that the moratorium will be extended. The fact is that 30% of citizens accumulated debts during the pandemic.

Debts for utility services will also be collected according to new rules from January 1. The bottom line is that if a management company, resource supplying organization or regional operator wants to sue the debtor, then the organization is obliged to indicate in the claim the passport data, INN, SNILS, and driver's license number of the citizen. It is assumed that they will be able to request this data from the authorities through the court.

Found an error? Select it and press Ctrl + Enter.

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Calculator for calculating penalties for utility bills (housing and communal services) - 2021

From April 6, 2020 to January 1, 2021, Russia suspended the collection of fines or penalties for non-payment of housing and communal services. Also, until the end of the year, a moratorium has been introduced on checking failed water, light, heat meters and on disconnecting utility services for debts. This is provided for by Decree of the Government of the Russian Federation of April 2, 2020 No. 4241.

It is not yet clear how penalties will be calculated and meters will be verified after the restrictions are lifted - this is not specified in the regulations, Svetlana Razvorotneva, executive director of the NP Housing and Communal Services Control, noted in an interview with Izvestia. The organization is already receiving questions from citizens about this, she said.

It is also necessary to clarify issues related to the moratorium on meter verification, says the letter from NP Housing and Communal Services Control. It is necessary to determine cases in which the expired verification period, starting from January 1, 2021, will not lead to the charging of utility bills according to the standard using an increasing factor.

It is also worth establishing that the countdown of the three-month interval for calculating fees based on average readings from individual metering devices begins on January 1, 2021.

If the meter fails before this period (the calibration interval has expired), readings from it are not accepted when calculating utility bills. For the first three months, if verification is not carried out, calculations are made based on the average consumption of a citizen in previous months. Then - according to the standard using an increasing factor of 1.5 (according to Russian Government Decree No. 354), explained Svetlana Razvorotneva.

Egorov noted in the official response that the Ministry of Construction, together with the Ministry of Labor, took measures to support citizens during the pandemic. In particular, until April 1, 2021, the Russian Government’s Decree No. 420 dated April 2, 2021 “On Amendments to the Rules for Providing Subsidies for Housing and Utilities” has been extended. Now, if the subsidy period ends between October 1, 2020 and April 1, 2021, the subsidy will be extended for the next six months. It is paid in the same amount on an undeclared basis.

To understand how utility bills are calculated, you should find out for what and from what calculation the payment is made . The first is the types of services, they are:

1. communal;
2. housing.

The first consists of supplied resources, which is almost 70% of the total amount. Consumption per unit is paid at tariffs approved by local authorities. This happens once a year. It doesn’t matter who the payer is: the owner or the tenant. Payments are calculated according to established rules.

If the owner has installed meters in the apartment, the readings taken from them are used in the calculation. But if they are not there, the calculation is made according to the standards.

For gas, water and sewerage, electricity, payment is carried out according to the meters. And the heating fee will be based on the square footage of the housing.

If we talk about housing services, then this is the maintenance of houses with a large number of apartments. This includes premises that are not the property of citizens: elevators, garbage chutes, staircases, etc. All apartment owners bear equal responsibility for these territories. Services are paid based on the area of ​​the apartment.

Thus, both types are included in one payment that apartment owners receive monthly.

Some homeowners do not understand the standards by which rent debts are calculated. Many people are concerned about specific situations that do not happen often, but still occur.

If no one is registered in the apartment, this is not considered a reason to terminate accruals for services. Accruals will be carried out as for one person, and those values ​​that depend on the quadrature will remain unchanged.

It often happens that a person is only formally registered in an apartment, but lives in another place. Payment will still be full and it does not matter whether the person currently lives here.

But you can always prove the fact that a person regularly pays bills at another address of his residence. This is not an easy method; you will need to provide receipts proving the fact of payment. This is done once every six months and for each service provider separately.

If utilities are not paid on time, the homeowner may receive an increase in charges due to penalties. It consists of indicators:

• total number of overdue days;
• of the total amount of debt;
• 1/300 of the refinancing rate.

The day following the billing period is considered late. The refinancing rate may change; it depends on the financial situation both in our country and on the world market. To calculate penalties, you need to know the total amount of debt, the number of overdue days and the refinancing rate.

The total amount of debt is multiplied by the number of days overdue and the refinancing rate, and then divided by 300 . The result obtained will be the amount of the penalty.

It is necessary to understand that the responsibility for regular payment of bills rests with the owners of the living space. In some cases, obligations under the contract are assigned to the tenants.

The bet size is calculated as a percentage.

To convert the amount of the penalty into shares, you must use the following formula:

Refinancing rate/100%.

It is important to note that no fine will be charged for the first month of late payment.

Whereas for the 2nd and 3rd months of delays in paying utility bills, the following formula is used to calculate the fine:

Total debt for utilities * Refinancing rate / 300 * Total number of days of debt.

To calculate penalties for the 4th and subsequent months of delay, the following formula is used:

Amount of debt * Refinancing rate/ 130 * Total number of days of payment delay.

FAQ

Does the housing department have the right to put a cap on the sewer system if it is not yet possible to pay the entire debt with accrued penalties?

The management company does not have the right to completely turn off the water. This is possible only by agreement of the parties (Article 546 of the Civil Code). But limiting the water supply to the maximum is possible by warning you at least twice in advance (Resolution of the Government of the Russian Federation No. 354). If you are not yet able to raise enough money to pay off the entire debt, then apply for restructuring. Explain to the housing department office what happened. Then they will give permission to repay the debt little by little, in portions.

Is it legal to charge penalties for non-payment if the owner has not been home for two months due to a business trip?

Timely notification of the service provider about non-residence is considered the responsibility of the citizen himself. It is the responsibility of the resident directly to submit an application. Then there will be no penalties. If this was not done, then the management company’s demands are completely legal.

Is it possible to cancel a court decision in absentia regarding the payment of debt and penalties at the previous place of residence if this tenant has been living in another place for six months?

A court decision in absentia can be overturned. It should be confirmed that the person lived in another place and paid for accommodation there. Attach all payment documents to the claim, the management company will become the defendant. But a lot depends on what period the dispute is about.

If the claims date back to the time when the person was still living in the previous apartment, then the court’s decision is absolutely legal - the amount will have to be reimbursed, including penalties. In such a situation, it is best to seek qualified legal assistance.

How are penalties calculated for late utility bills?

Provided that the housing and communal services consumer systematically transferred payments, but a fine was still accrued, it is worth writing an appeal to the management office

If the tenant is not involved in this, the management organization undertakes to perform a recalculation.

In some cases, citizens receive their salaries a couple of days later than the deadlines set for repayment of payments for the current period.

Each individual has the right to contact the management office, asking for a deferment of payments, in order to pay housing and communal services not on the 10th, but, for example, on the 15th.

It is necessary to fill out an application, to which are attached other documents certifying the occurrence of emergency circumstances, in particular, an extract from the sick leave, a work book (copy) with a note of dismissal, etc.

In addition, the applicant must provide title documentation for housing and a passport of a citizen of the Russian Federation.

This document can be compiled in free form.

The plaintiff is obliged to state the reason on which he is unable to transfer payment for utility services on time and in full.

The contract you draw up must indicate:

The agreement must be signed by the consumer, as well as by the institution that provides utility services.

Answering the question of how to avoid paying penalties on housing and communal services rent, there is only one possible answer - leaving for a long time .

If you have to leave the city for a long time and leave your place of residence, it is recommended that you first go to the Criminal Code and draw up a free-form application.

Penalties will not be charged after this, but only on the condition that no one will live in the apartment.

This delay associated with departure is valid for 6 months . If you are delayed for a longer period, then a re-written application is sent to the management company by registered mail.

Penalties for housing and communal services can be canceled starting from 2021 after you have left and returned.

However, it is not recommended to delay in such a situation - it is necessary to draw up a corresponding application within a month after returning.

You must provide documentary evidence of your absence (for example, a certificate of treatment at a sanatorium or a document confirming a business trip, etc.).

Another method, which is not officially established and does not always lead to the cancellation of penalties, is a personal appeal to the management company with a request to defer payments. Unfortunately, not all management companies do this for the sake of the residents.

In November 2015, Federal Law No. 307-FZ was adopted, which amends the calculation of penalties for late payment of utility bills. The changes came into force on January 1, 2021 and are generally aimed at increasing the discipline of consumers of housing and communal services.

In some situations, fines for late utility payments can be avoided. If you have to leave the city for a long time, then you should first visit the management company and write a corresponding application. After this, you will not be charged penalties if the apartment is truly empty.

Penalties for housing and communal services can be canceled starting from 2021 after you have left and returned.

However, it is not recommended to delay in such a situation - it is necessary to draw up a corresponding application within a month after returning.

You must provide documentary evidence of your absence (for example, a certificate of treatment at a sanatorium or a document confirming a business trip, etc.).

It is important that the procedure for calculating the amount of the penalty differs for individuals and legal entities. Thus, for companies specializing in water supply and heat supply organizations, the following tariffs :

The penalty is the prerogative of the creditor and is assigned or canceled at his discretion. Typically, suppliers do not cancel penalties, but taking into account the financial condition of the debtor, they can make such a decision and also provide payment in installments.

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Failure to pay penalties leads to the formation of even greater debt.

For such debts, utility providers can easily disconnect the subscriber from the supply lines of electricity, gas, etc.

In addition, when, under notification, the subscriber voluntarily does not pay debts, the supplier has the right to go to court and seek forced collection of debts.

If all documents are in order, an agreement is signed. If the specialists of the management company filed an application in court, the claim will be canceled by agreement of the parties. If the user does not provide evidence of a valid reason for non-payment, his application will be rejected. The claim will not be cancelled.

Important! If there is no desire to go to court, then the apartment owner should obtain a subsidy for utility bills to facilitate payments. You won't be able to write off the funds, but the amount on the receipt will decrease. The benefit is regulated by articles number 159 of the Housing Code of the Russian Federation.

A one-time delay does not provide for serious consequences. The office sends only a notification to the debtor's address. The next step will be to disable the company's services. This will happen if there is a three-month delay in payments. Housing and communal services are vested with such powers and, ten days after the owner of the property receives written notice, has the right to suspend service.

For non-payment of which services a penalty is not charged?

Not all paid services are subject to penalties, even if the client delays payment.

First, you need to know the list of paid resources, services and works that are subject to penalties for missed payment deadlines. This:

• water, hot and cold (including sewerage);
• gas;
• light;
• landscaping and landscaping;
• major repairs;
• maintenance of common property;
• waste removal.

For additional options, such as the work of a concierge, the presence of security systems, you also need to pay, but no penalties are provided.