Calculation of utility bills in court, sample

The obligation of apartment owners to pay monthly for utilities is established by law. They transfer funds in the amount and according to the details specified in the receipts sent out by the management company regularly. If a citizen ignores the need to make transfers, he is subject to monetary sanctions - penalties for housing and communal services, calculated in accordance with the provisions of Art. 155 of the Housing Code of the Russian Federation or the terms of the agreement and act.

What it is?

The concept of penalties is established by the provisions of the Civil Code of the Russian Federation. His articles state the following:

Art. 317.1 – stipulates that the parties to an agreement that has a monetary value have the right to establish the procedure for calculating penalties.
Art. 330 - indicates that penalties are a way to ensure the fulfillment of contractual obligations.

Penalties collected from a defaulter for utility services are a monetary sanction established for late payment. It is designed to discipline residents of apartment buildings and owners of non-residential premises, and encourage them to pay off their debt as quickly as possible. It is charged in the following situations:

payment of the receipt later than the established dates if the receipt is delivered on time;
incomplete settlement of obligations;
no payment.

In case of prolonged evasion of payment for utility services, the management company has the right not to limit itself to charging a penalty, but to apply additional methods of influence to the citizen: turn off the hot or cold water supply, electricity.

Calculator for calculating subsidies for utility bills

Today, a penalty calculator for late utility payments 2018 on the Internet helps you understand exactly how to calculate the amount of the fine. Use the following instructions:

Select from the list the appropriate region in which you live.
Enter the cost of living for different age categories. Three fields are available - adults, senior citizens and children. You can find out the data in the regulatory documents of the region or republic.
Indicate the number of people in the family. After this, the average cost of living will be automatically recalculated per family. The amount depends on the data entered at the previous stage.
Enter the sources of income for each family member. Depending on the number of people, the average per capita income will be calculated.
At this stage, the cost of housing and communal services will appear. It is calculated based on previous data.
Introduce a regulated standard for the permissible share of owners' expenses together with housing and communal services in the total family income.
Click on the last button - calculate. You will see the subsidy amount, which is calculated as a formula.

Formula for calculating subsidies for utility bills

Do you want to calculate the possibility of receiving a subsidy? The only way to do this yourself is as follows: add the total family expenditure and compare it with the cost of living that is established for a specific region. This can be represented as a formula:

C = S S J K U – D × 0.22, in which:

C – number of subsidies; SSZHKU – minimum for this region; D – total income of the number of citizens in the family; The figure - 0.22 - indicates the coefficient, which is the maximum allowable when paying a share of expenses for services.

Normative base

According to the provisions of the Housing Code of the Russian Federation, apartment owners are responsible for maintaining the house where they live.

If a citizen evades making transfers for utilities and other obligatory payments, it is legal to impose a fine on him.

In Art. 153 of the RF Housing Code states that utilities are paid for by the following categories of persons:

owners;
employers;
tenants;
members of housing cooperatives;
developers until the transfer of housing to the buyer under the DDU;
citizens who signed the apartment acceptance certificate with the developer.

In Art. 155 of the Housing Code of the Russian Federation stipulates the following rules for calculating utility bills:

funds are sent to the operator monthly, before the 10th day of the month following the reporting month, unless a different date interval is established in the agreement with the management company or the decision of the HOA;
payment is made according to the data specified in the receipt, which is issued to the tenant no later than the 1st day of the month (unless other rules are approved by the owners), or information posted on the information resource to which access to apartment owners is organized;
monthly transfers include payment for utilities and general housekeeping. Tenants of residential premises additionally transfer to the landlord the amount established by the contract;
the management organization or other structures that receive monthly transfers from residents accumulate amounts in their accounts, then pay according to concluded agreements with public utilities (for water supply, sewerage, gas and electricity supply, etc.);
the owner who is not temporarily residing in the apartment is not deprived of the obligation to make monthly payments for utilities;
A change in the amount of payment for utility services requires written notification to apartment owners. The management company sends them information at least 30 days before the price increase.

In Art. 155 stipulates that citizens who do not fulfill their obligations to pay for housing and communal services in a timely manner are punishable by a monetary sanction - penalties. Their calculation is carried out according to the rules set out in the Housing Code of the Russian Federation, unless a different procedure is provided for in the agreement with the management company.

What is and how penalties for utility bills arise (2020)

By law, consumers must pay for housing and utilities every month no later than the 10th day of the month following the end. By decision of the general meeting of members of the HOA (another cooperative of residents) or an agreement with the management company, a different payment period for the services consumed may be established. If you do not pay or pay less, penalties will begin to accrue on the debt - fines calculated in a certain way for failure to fulfill the obligation to pay.

Consumers should be aware that penalties for utility services (2018) can only be assessed in cases provided for by law. And from the point of view of the law (see Article 154 of the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation dated 05/06/2011 N 354), utilities (resources) are:

cold and hot water, as well as waste water;
electrical and thermal energy;
gas, including in cylinders;
solid fuel for stove heating;
garbage removal.

In this case, the housing fee includes:

contributions for major repairs;
payment for house management services (in high-rise buildings);
maintenance and current repairs of common property in the house;
the cost of utility resources consumed during the use and maintenance of common property.

Thus, a fine can only be assessed if there are debts for the above fees. A penalty for not paying for an intercom, antenna or Internet on time is illegal. If you are in arrears for such an additional service, the provider may disconnect you from it after appropriate warning. But all details about this procedure must be carefully described in the contract.

Procedure and rules for calculating penalties, terms and amounts

The rules for calculating penalties for late utility payments are set out in Art. 155 Housing Code of the Russian Federation. The regulatory act states that monetary sanctions depend on the refinancing rate of the Central Bank of the Russian Federation in effect on the current date and the period of delay by the owner in fulfilling financial obligations.

The following algorithm for calculating the monetary sanction is used:

the penalty is 1/300 of the refinancing rate (posted on the official website of the Central Bank) - if the delay is from 30 to 90 days;
the penalty is equal to 1/130 of the refinancing rate if the delay is more than 91 days.

The management company has the right to stipulate in the contract with the tenant a smaller monetary penalty for late payment. An increase in sanctions is not permitted by the provisions of the RF Housing Code.

Amount of penalty for late payment of electricity, rent: example

A citizen living in an apartment building is obliged to pay for utilities no later than the 15th day of the month in accordance with the terms of the agreement with the management company.
In October 2021, he did not transfer the funds and paid for September on December 1, 2018 (amount - 3,000 rubles). How to calculate the size of penalties? The accrual of monetary sanctions begins on the 31st day of delay, the penalty will “drip” from November 16, 2018. It is paid within 15 days. The calculation is carried out according to the formula:

Penalties = 3,000* 15* 7.5/ (300* 100) = 11.25 rubles.

7.5 is the current Central Bank refinancing rate, posted on the official website https://www.cbr.ru/. The citizen’s delay was less than 90 days, so the penalty is calculated at a “reduced” rate.

From what date is it calculated?

According to the provisions of Art. 155 of the Housing Code of the Russian Federation, the calculation of penalties begins on the 31st day of delay. The first month turns out to be “preferential” for the citizen: no monetary sanction is transferred. If utilities are paid no later than the 10th day of the month, the apartment owner has the right to pay the management company “free of charge” until the 11th of the following month.

Next, the calculation begins based on 1/300 of the refinancing rate. It is carried out days before the citizen pays the obligations that have arisen. The day on which the funds were credited to the personal account of the management company is added to the period of delay.

Step-by-step instructions for calculating penalties for housing and communal services

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

The time period when it was necessary to pay utility bills.
The amount of money that was required to be paid.
If the debt is old, then indicate all the time periods for which the debt was formed, in order.
Set the end date, that is, when the penalty is calculated.
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.
Determine the type and method of calculation.
Don’t forget about the “Signature when printing” field.

Calculator from Dogovor-Yurist.Ru

How to pay penalties for utilities

Penalties for utilities are paid according to the same rules that apply to monthly transfers of residents.
It is included in the last month’s receipt as a separate line, so the apartment owner can check whether the procedure for calculating the amount prescribed by the Housing Code of the Russian Federation has been followed. Penalties are paid in the following ways:

at a bank branch (as rent) upon presentation of a receipt;
via Internet banking;
via Eleksnet terminal;
at the post office (by receipt);
through your personal account on the website of the management company.

Penalties are not transferred as a separate transaction, but along with other obligations of the apartment owner. The owner or cashier enters in the “Amount” field of the payment order the value specified in the “Total” column of the receipt.

How penalties have changed in 2021

Penalty is a penalty for non-payment of utility bills for more than 1 month

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.

Energy suppliers hope that the amendments will significantly increase the collection of money for housing and communal services. As before, only malicious debtors – those who are overdue for payment by more than a month – will be subject to penalties. That is, you have 30 days to pay the invoice shown on the receipt.

What happens if you don't pay penalties?

Penalties for utility bills are not goodwill, but the responsibility of a tenant who has not transferred money for housing and communal services in a timely manner. Ignoring them leads to the following adverse consequences:

restriction of services. Electricity, gas, cold or hot water is turned off 10 days after written notification to the apartment owner;
termination of the contract with the tenant, resulting in disconnection from the supply networks of electricity, light, water, gas;
litigation. The management company has the right to file a claim to recover the amounts. If the court supports it, the citizen will be obliged to pay off debts and reimburse legal expenses;
eviction of a citizen from an apartment. The measure applies if a person lives under a social tenancy agreement and does not pay for utilities for more than 6 months.

To avoid the imposition of penalties, the debtor, who was absent from the apartment, writes a statement to the management company, indicating the date of departure.

It is accompanied by documentation confirming departure (round-trip tickets, certificate of completion of sanatorium treatment, business trip order).

How to write off and cancel penalties

Russian legislation provides for the following cases when penalties are written off from a citizen, regardless of the accumulated amount:

death - amounts of non-payment of utilities and penalties are automatically written off from the owner in the event of his death and do not pass to relatives and friends by inheritance;
liquidation - when a record of the termination of the existence of a company is made in the Unified State Register of Legal Entities, unpaid amounts for utilities and penalties are automatically written off;
bankruptcy - the penalty is not transferred if a citizen or organization is declared bankrupt in court. To initiate a procedure for establishing financial insolvency, an individual must have obligations in the amount of at least 0.5 million rubles with an overdue period of 6 months;
failure to comply with the limitation period – Art. 195 of the Civil Code of the Russian Federation sets it equal to 3 years. If during the specified period the management company has not collected the amount of overdue obligations and penalties from the citizen, the debt is written off;
inaction of the bailiff - it happens in practice that the bailiff does not take steps to collect the overdue payment from the apartment owner, then the amounts are written off after the statute of limitations expires;

The tenant has the right to cancel penalties if their amount is calculated incorrectly or established unlawfully (late payment was not allowed). To do this, the owner submits an application to the management company. In other cases, if the sanctions are calculated correctly, the citizen is alive and has not been declared bankrupt, it will not be possible to write off financial obligations.

Responsibility for incorrect calculation of utility bills

The management company controls accounts when provided to specific consumers. But in housing practice they often make mistakes. If you find errors and don’t know where to complain about incorrect calculation of utility bills, go to court. You can receive material and moral compensation for damage in court. In addition, the management company will receive a serious fine. Therefore, its employees try to do everything possible to ensure that there are no discrepancies in receipts. Do you want to check the correctness of the calculation of the amount for utilities? Write an application and submit it to the management company.

Fine

Management companies will pay fines to residents for providing poor-quality services and incorrect calculation of utility bills. The bill was adopted on December 28, 2015. The government of the Russian Federation independently decides what punishment the criminal code will receive. It follows from the law published on the official website that the amount of the fine will be equal to at least 30 percent of the price of the service. In addition, Article 176 of the Federal Law provides for the imposition of liability for errors made when calculating rent. The person must pay a fine in accordance with the law. But if the receipt was adjusted before delivery to the consumer, the fine is not paid.

Where to find a calculator

A citizen who wants to verify the calculation of penalties by the management company chooses between two options: manual calculations and the use of a special program - a calculator, which is freely available on the Internet. To obtain the amount of the sanction, the following values are entered into individual fields:

amount of debt;
the beginning of the delay;
date of repayment of obligations;
dates and amounts of partial payments;
calculation method (1/300 or 1/130 of the refinancing rate).

The system automatically substitutes the required values, the amount is calculated using a formula taking into account partial repayments made by the tenant. The calculator allows you to quickly check the correctness of the management company’s actions in imposing penalties.

Examples of calculations using the new system

For ordinary owners of apartments and private houses, the following penalty calculation schemes are relevant:

The amount of the penalty depends on the number of days when payment was not made

For example, you owe the management company 6,000 rubles. Starting from the 31st day of late payment, you will be charged a penalty every day in the amount of 6000 * 0.11 * 1/300 = 2.2 rubles. That is, for the first three months (including the first “preferential” month) you will be charged 132 rubles in penalties.
Starting from 91 days, the penalty rate rises to 1/130 of the rate. If we count the same 6,000 rubles, then in the fourth month you will already be credited 5.08 rubles per day. That is, for the fourth and each subsequent month you will have to pay 152.4 rubles. Thus, the penalty for a delay of six months will be almost 590 rubles. However, do not forget that you will receive new utility bills throughout these months. And if you do not pay for them, the amount of the penalty will increase significantly.