In a developed society, it is difficult to imagine life without electricity. The convenience of utility services was appreciated by all consumers who use electrical appliances on a daily basis. One of the main criteria for the provision of housing and communal services is the monthly payment. Residents who do not fulfill their duties in good faith are threatened with power cuts for non-payment.

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Rights of the management company in the field of electricity

Energosbyt is engaged in the supply of electrical energy to apartment buildings, SNT, checks the status of the meters and controls the timely payment for the service. For systematic non-payment of housing and communal services, the organization has the right to turn off the electricity supply.

The rights and actions of the Criminal Code in the field of energy supply are regulated by Decree of the Government of Russia 354 of 05/06/2011.

By law, if there is a debt for an apartment for two or more months, the company is obliged to notify tenants of the need to make a payment and the consequences of non-payment. Without notice, the power supply company does not have the right to limit the owner of the apartment in the supply of electricity.

The duties of the Criminal Code are spelled out in Decree of the Government of the Russian Federation No. 442 of 06/04/2012. The law imposes restrictions on the activities of the organization and regulates violations in the housing and communal services sector.

Energy sales employees who have notified the client about the power outage procedure by the management company cannot take active action until the end of the payment period. As a rule, the tenant is given at least 30 days to pay off the debt on the communal apartment. After the specified period and if the owner refuses to pay the amount for the light, the Criminal Code goes to court to resolve the conflict.

If the apartment has a large electricity consumption, for which the tenants are willing to pay within six months, in 9 out of 10 cases, energy retailers offer payers installments for up to 6 months. The installment plan can be increased depending on the region, for example, Mosenergosbyt practices the distribution of payments for 9 or more months.

The procedure for informing tenants about a possible power outage for non-payment

The management company can turn off electricity for debts for an apartment only after prior notification of the payer. The same rules are valid for the garden partnership. Without warning, the actions of the management company will be regarded as a violation, for which administrative and criminal liability is provided.

According to the changes in the Federal Law on power outages, the procedure for informing debtors should include:

1. The fact of the presence of debts on the rent. If the payer has no electricity debt, the company is not entitled to present financial claims. Utility bills must include at least 2 months of delay. Partial payment of the service in the amount of more than 40% of the actual debt is not a reason to turn off the electricity for the delay in paying utility bills.
2. Notification of the client about the presence of debt. In 90% of cases, the payer will find out that they want to turn off the light in the apartment in a registered letter from the Criminal Code. Informing via e-mail or SMS notifications is not always effective, since the owner changes the phone number and e-mail more often than the registration.
3. Waiting for action from the payer. After sending the notification, the power supply company gives about 30 days to pay off the debt.
4. Resending notification. If the need to make a payment is ignored or the owner of the Criminal Code refuses, the management company takes the case to court.

After the case is brought to court, electricians wait for the decision of higher authorities. The court issues a verdict on the existence of housing and communal services debt and determines whether or not the management company has the right to turn off electricity and terminate the contract.

Sample notice and act for power outage

Until the moment when the consumer has sealed the electricity meter, the organization is obliged to provide a notice of the debt. The sample document should include:

• the name of the legal entity. For example, HOA. The name is indicated in the "header" of the form;
• the powers of the regional branch of energy sales - the contractor of housing and communal services by virtue of the law. The document must state in whose interests the Criminal Code operates;
• FULL NAME. the debtor and his address, the number of the payer's personal account;
• grounds: the fact of having a debt for utilities, the amount of debt, the period for repayment and the consequences of refusing to fulfill the requirements;
• signature of an authorized person, seal of the organization, date of the document.

Sometimes the notification needs to be marked as received, for example, when sending by courier.

Act - a document that is issued to the debtor on the basis of the decision to turn off the light. It is issued in triplicate and consists of:

• company name;
• FULL NAME. and address of the owner;
• electrical appliance number;
• meter readings;
• actions carried out during the visit of energy sales employees, for example, sealing the meter;
• grounds for terminating the contract for the supply of electricity;
• measures to restore access to housing and communal services.

In the absence of the owner in the apartment, the act is sent by mail.

How to resume the supply of electricity after a shutdown due to debts?

Connection of electricity after disconnection for non-payment is possible only after repayment of the debt. The payer must present to the management company checks confirming the deposit of funds on the personal account for the specified amount.

You can restore the previously disconnected electricity after drawing up an act on the renewal of the contract. The document is drawn up in any form. It must indicate the legal name and address of the local power supply, full name. and the address of the owner of the housing, the requirement of the payer. Copies of payment documents are attached to the act.

The Criminal Code accepts the client's application and within 10 days makes a decision on the possibility of renewing the contract. The owner is notified of the action taken.

Illegally deprived of electricity: what to do?

The presence of debt is not always the basis for turning off the light. In some cases, power outages are considered illegal, for example:

1. The management company does not have the right to turn off electricity for debts for other housing and communal services. If the owner has debts not for electricity, but for gas, the client has the right to file a complaint with the management company about an attempted unauthorized termination of the electricity contract.
2. If the powers of energy sales are taken over by another organization. Payers who are members of horticultural cooperatives can lose their light only after the decision of the Criminal Code. If in SNT, for non-payment of membership fees, the management limited the supply of electricity, then the organization violated Federal Law No. 66-ФЗ dated April 15, 1998 “On horticultural, gardening and country non-profit associations of citizens”.
3. When living in the apartment of minor children. If the child is 4 years old (or less), the company is obliged to check how serious the consequences of terminating the contract will be.
4. If a person lives in the house, whose health and life depend on the operation of medical electrical equipment.
5. Without an act and prior notice to the payer.

If the electricity was unlawfully turned off for a housing and communal services debt, citizens have the right to complain about the actions of the Criminal Code and sue the court for compensation for moral harm.

An example of a complaint to a utility company for an illegal power outage includes:

1. FULL NAME. tenants, address.
2. The body to which the letter is sent, for example, the court.
3. The essence of the claim. It is necessary to indicate in detail and honestly what the illegal actions of electricians were, write about the fact of termination of the contract and the actions taken by the Criminal Code. For example, the management company illegally seized the meter if there was a debt for electricity of less than 10 thousand rubles for 1 month.
4. Plaintiff's claims. For example, there was an illegal limitation of electricity to debtors in an apartment building (MKD). Residents demand to return the supply of light to the apartments within 10 days from the date of applying to the court.

The court will determine whether the power outage is lawful for the debtors. The decision of the Supreme Court of the Russian Federation is not always in favor of the payer. But without a court decision, the owner cannot restrict the actions of electricians and resume the supply of services.

Where can I go to renew my contract?

If employees from the State Budgetary Institution came to the owner and turned off the electricity for a debt on housing and communal services, he must contact the management company to restore electricity. The address and phone number of the organization is indicated in the receipt for payment or notice (act) for the suspension of the service.

In cases where electricity was illegally turned off, for example, for a debt on utility bills, except for electricity, the payer can file a complaint with the court. After considering the case, the court makes a decision on the existence of grounds for turning off the electricity in the apartment for non-payment of utilities.

Judge only can determine whether the management company has the right to restrict the owner in the provision of electricity.

How much does it cost to reconnect the light?

The restoration of the electricity contract includes payment for the services of an electrician who removes the seal and adjusts the meter readings. Depending on the regions, the amount varies from 1000 to 5000 rubles. In addition, energy supply charges penalties for debts on payments, which can also be included in the amount (200-3000 rubles).

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