Shutting off electricity for non-payment of utilities - who is right?

In a developed society, it is difficult to imagine life without electricity. The convenience of the utility service was appreciated by all consumers who use electrical appliances every day. One of the main criteria for providing housing and communal services is monthly payment. Residents who do not perform their duties in good faith may risk having their electricity cut off for non-payment.

Rights of the management company in the field of electricity

Energosbyt supplies electricity to apartment buildings, SNT, checks the condition of meters and monitors timely payment for services. For systematic failure to pay housing and communal services, the organization has the right to turn off the electricity supply.

The rights and actions of management companies in the field of energy supply are regulated by Russian Government Decree 354 of 05/06/2011.

The responsibilities of the Criminal Code are specified in Decree of the Government of the Russian Federation No. 442 of June 4, 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 notified the client about the management company’s procedure for turning off electricity cannot take active actions until the end of the payment deadline . As a rule, the tenant is given at least 30 days to pay off the utility debt. After the specified period has expired and if the owner refuses to pay the amount for the light, the management company goes to court to resolve the conflict.

If the apartment has a high electricity consumption, for which the residents are willing to pay within six months, in 9 out of 10 cases the energy sales company offers payers an installment plan for up to 6 months . The installment plan can be increased depending on the region, for example, Mosenergosbyt practices distributing payments over 9 or more months.

The procedure for informing residents about a possible shutdown of electricity for non-payment

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

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

1. The fact that there are rent arrears. If the payer does not have a debt for electricity, the company does not have the right to make financial claims. Utility debt must include at least 2 months of arrears. Partial payment of services in the amount of more than 40% of the actual debt is not a basis for turning off the electricity for late payment of housing and communal services.
2. Notifying the client about the existence of a debt. In 90% of cases, the payer learns that they want to turn off the lights in the apartment in a registered letter from the management company. Information via email or SMS notification is not always effective, since the owner changes his phone number and e-mail more often than his registration.
3. Waiting for action from the payer. After sending the notice, the energy sales company gives about 30 days to repay the debt.
4. Repeated notification. If the need to make payment is ignored or the owner refuses, the management company will refer the case to court.

After the case is sent to court, electricians wait for a decision from 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 or not to turn off the electricity and terminate the contract.

Sample notification and act for power outage

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

• name of the legal entity. For example, HOA. The name is indicated in the “header” of the form;
• powers of the regional energy sales department - provider of housing and communal services by force of law. The document must state in whose interests the Criminal Code operates;
• FULL NAME. the debtor and his address, the payer’s personal account number;
• basis: the fact of the existence of a debt for utilities, the amount of debt, the period for repayment and the consequences of failure to comply with the requirements;
• signature of the authorized person, seal of the organization, date of the document.

Sometimes the notification requires a receipt stamp, for example, when sent by courier.

The act is a document that is issued to the debtor based on the decision made to turn off the lights. It is produced in triplicate and consists of:

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

If the owner is absent from the apartment, the act is sent by mail.

How to resume electricity supply after being disconnected for debt?

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

Previously disconnected electricity can be restored 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 energy sales office, full name. and the address of the property owner, the payer's requirement. Copies of payment documents are attached to the act.

The management company accepts the client’s application and within 10 days makes a decision on the possibility of renewing the contract. The owner receives notification of the measures taken.

Illegally deprived of electricity: what to do?

Having debt is not always a reason to turn off the lights. 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 on 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 attempt to unauthorized terminate the electricity contract.
2. If the powers of the energy sales are taken over by another organization. Payers who are members of gardening cooperatives can lose electricity only after a decision by the Criminal Code. If the management of SNT limited the supply of electricity for non-payment of membership fees, then the organization violated Federal Law No. 66-FZ of April 15, 1998 “On gardening, gardening and dacha non-profit associations of citizens.”
3. When living in an apartment for 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 or prior notification to the payer.

If the electricity was illegally turned off for housing and communal services debt, citizens have the right to complain about the actions of the Criminal Code and file a lawsuit for compensation for moral damage.

An example of a complaint against a utility company for illegal power outages includes:

1. FULL NAME. residents, address.
2. The body to which the letter is sent, for example, the court. 
3. The essence of the complaint. It is necessary to indicate in detail and honestly what the illegality of the electricians’ actions was, to 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 when 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 restriction of electricity to debtors in an apartment building (in a microdistrict). Residents demand that the supply of light to their apartments be returned within 10 days from the date of filing a lawsuit.

The court will determine whether it is legal to cut off electricity to debtors. The decision of the RF Supreme Court 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 to go to renew the 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 organization's address and telephone number are indicated in the payment receipt or notice (act) of service suspension.

In cases where electricity was illegally turned off, for example, for debt on utility bills other than 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 electricity in the apartment for non-payment of utilities.

Only a judge can determine whether the management company has the right to limit the owner in the provision of electricity.

How much does it cost to reconnect the lights?

Restoring the contract for electricity includes paying for the services of an electrician who removes the seal and adjusts the meter readings. Depending on the region, the amount varies from 1000 to 5000 rubles . Additionally, energy sales charges penalties for debts on payments, which can also be included in the amount (200-3000 rubles).