Whether uk can bill for electricity. Can the management company turn off electricity for non-payment

In some apartment buildings, electricity meters are installed on the staircase. Over time, the equipment breaks down and needs to be replaced. It is also required in the event of a breakdown.

Who should change the device at the entrance and who should pay for it? After all, if you do the work yourself, then problems arise with the law.

The device, which is located on the landing, belongs to all residents. It is on it that the electricity readings are taken into account.

Why replace

Each certified electricity meter has its own period of operation. If household devices can be used before the end of this period, then this will not work for light metering equipment. Usually, replacement is made due to a breakdown of the device. But there are other reasons as well.

Replacement is required if:

• Malfunctions have been found;
• The service life has expired.

Although nothing will change for the consumer with the installation of a new meter, this work still needs to be done. The equipment will not give reliable readings due to a breakdown.

As a result, tenants will have to pay more than they use resources. Instruments should be routinely checked regularly. This is necessary to control the consumed electricity, as well as to timely eliminate deficiencies.

All electricity meters are provided with a warranty, which indicates the maximum permissible period of use of the equipment. During this time, the device can work without interruption.

The management company should change the meters. Before this, the equipment must be checked. This allows you to fix the installation time of the device in an apartment building. Readings must be recalculated for residents.

Dismantling or checking is also carried out if the seal on the device is damaged. After installing the electricity meter in the apartment or in the entrance, a lead plaque with an embossed image is attached to the structure.

If damage to the seal is noticeable, then this indicates that someone opened the structure. In some cases, this is done to lower readings in order to pay less for electricity.

Installation and inspection of equipment in any home should be done only by a specialist. He is obliged to check the integrity and operability of the equipment, and then document it.

If a broken seal was found, then you must immediately contact the management organization. It is necessary to show the damaged device, otherwise a fine will be imposed during the check.

The seal sometimes breaks down by accident, and if the electric meter is installed in the house on the staircase, then anyone can damage it.

Who does it

Since the consumer is often obliged to pay bills for replacing the electricity meter, there are unnecessary costs. Usually, tenants sign a contract with a provider before using the services.

To determine who, ultimately, is obliged to change the electric meter in an apartment building, you need to familiarize yourself with the contract.

The standard agreement includes information that the management organization pays for the installation of the equipment.

If this information is not available, then the consumer must pay for the replacement of the device, even if the electricity meter is on the staircase. It often happens that this clause is absent in the contract, and then this issue has to be decided in court.

The Civil Code lists all the nuances by which such issues are resolved:

• If the apartments are privatized, the consumer must replace the electricity meter;
• For municipal housing, all work is carried out by the municipality at its own expense.

There is a common electricity meter on the landing, so all the nuances of its use are spelled out in the contract. Owners need to purchase certified equipment, and then provide it to the company for verification and entry into the database.

The instrument is then returned to the owner, who must pay for the replacement equipment. The work is carried out by a professional with a narrow focus, since errors can lead to incorrect operation of the device.

Typically, the management company has a master on staff who changes the electricity meters. He is obliged to check the device and install a seal.

Who do you need to pay?

The legislation states that the management company must replace electricity meters, since it is responsible for the health of all systems at home. This also applies to municipal apartments.

It must be remembered that the modernization and reconstruction of the equipment is carried out by the management company. But if the replacement occurs at the request of the tenant, then he must pay for the services and purchase.

If you have to change the device at your own expense, then you can install it yourself. Only this work should be done by a knowledgeable person.

First you need to get permission from the electricity supplier, so you need to make an application. If a master will change the electricity meter, then a payment must be made for sealing, usually it reaches 300 rubles.

Device selection

Many regrets have to buy a meter on their own. It must comply with safety and quality requirements, because only then will it last for a long period. Electricity meters are of different types and you need to change them to the one that was installed earlier.

Equipment can be electronic and induction. The second devices have 2 coils for voltage and current. There is a magnetic field between them, due to which the disk rotates.

The meter is quite reliable and lasts for a long period. But it does not have high accuracy and error is possible.

Electronic devices have another principle of operation, which show all measurements on the indicator. They have microcircuits and no rotating elements. The equipment has a high accuracy class and can be configured to work with different tariffs.

When buying a device, consider the following characteristics:

• Accuracy class. The level of error depends on it. Usually this information is indicated on the scoreboard. Previously, an error of 2.5 was allowed, but for many years this level has dropped to 2.0. Therefore, induction meters are more suitable, although many electronic models have an error of 0.5-1;
• Multi-tariff. It assumes several operating modes, taking into account the time of year and day. This policy allows you to save or pay for electricity at low prices. Electronic meters are endowed with this characteristic;
• Calibration interval. Sets the amount of time after which the device must be checked. This characteristic is indicated in the passport. In this regard, it is better to purchase induction equipment.

Counters are made from different materials and components. For electronic parts, Asian-made parts are used that do not meet domestic standards. In this case, there is no guarantee of a long service life.

When buying, you need to familiarize yourself with the conditions of use, because each equipment can work normally only at a certain temperature. Some devices are designed for outdoor use while others are indoor.

Which device to choose depends on the residents. It is advisable to install the one that came before. The main thing is that it works clearly and correctly. And you shouldn't overpay for other functions, especially since they may not be useful.

It is important that it meets all the criteria so that there are no complaints from the energy saving company.

For the entrance and the apartment, you need to choose only a meter that has passed certification. It must be approved for use in Russia. After that, he must be registered in order to write off new readings from him.

Only with verification is the use of the equipment permitted. It should be installed approximately 170 cm from the floor. A regular check of the device is necessary to identify failures. The device delivered on time will clearly show the resources spent.

Filatov writes: For yourself and for that guy? “Earlier, in addition to apartment metering devices - electricity meters, metering devices were installed (usually in the basements of high-rise buildings), recording the consumption of electricity consumed for lighting entrances, basements, etc.

The population paid for this "out-of-house" electricity under the "maintenance" column.

It is not known where these counters got to when our communal lawlessness took over.

Does the management company have the right to issue electricity bills without a contract?

Questions: 1.

Are there standard values \u200b\u200bfor electricity (if not, what formula is used to calculate without accounting electricity consumption)?

2. Does the management company (management company) have the right to issue electricity bills without a contract?

I would like to explain the situation in more detail and find out how to behave in it.

Thanks in advance! Answer Utilities are provided to the consumer on the basis of a paid contract containing provisions on the provision of services.

Website - www.advokat-berkman.ru I have been practicing law since 2001.

I am a member of the St. Petersburg Bar Association.

She was awarded diplomas of the Bar Association for her efficient and professionalism.

Ekaterina Kirienko (Order a consultation) Hello.

You also have the right to contact the prosecutor's office.

However, see your social loan agreement.

Will I be billed one for electricity?

further 1 answer.

Moscow Viewed 2155 times. Asked 2012-01-16 11:16:46 +0400 in the subject "Other questions" Is it legal to turn off the light in the apartment for non-payment of the ONE for electricity, if there is a debt for electricity in the square - Is it legal to turn off the light in the apartment for non-payment of ONE on electricity, if the debt for light in sq.

Set 2013-01-24 15:58:37 +0400 in the subject of "Housing Law" What is included in one for electricity - What is included in one for electricity.

Does the management company have the right to issue an electricity bill

housing and its maintenance).

I turned to the UK with a requirement that they conclude an agreement with Energosnab.

by the company as it should be, but it turns out that the power supply itself refuses to conclude such an agreement, in connection with which the requirements of the electric supply for payment of ONE count.

illegal (and not justified).

on the basis of the stated ONE, I do not pay, do they have the right to me off.

electricity in the apartment? something that ran into the square.

Does the electricity supplier have the right to bill residents directly?

However, Article 13 of the said law, under certain circumstances, allows the possibility of recognizing some actions as admissible.

Is it permissible for the Supplier of Last Resort to issue bills for electric energy to residents of apartment buildings without justification?

1. The supplier of last resort (GP) issues monthly invoices for payment of consumed electrical energy to residents of apartment buildings with a common house metering device (ODPU), dividing them into individual consumption and consumption for common house needs (ODN).

Question-answer on ONE (Typical questions on charges and payment of general house needs)

Federal legislation obliged management companies to equip houses with such metering devices no later than July 1, 2012, which the Criminal Code did - somewhere earlier, somewhere later.

In hundreds of apartment buildings in Tver, people are already accustomed to paying for the new common house metering devices installed at the entrance to the house.

Old, long-established meters could only take into account the lighting of public places (MOS), and the electricity that was spent on the operation of the elevator, boiler pump, intercom, antenna amplifiers, courtyard lighting, some later connected benefits of civilization (for example, connecting Internet providers ), referred to network losses at home.

Does the management company have the right to turn off the electricity supply for debts?

And debt tends to accumulate like a snowball.

And here comes the fear of being disconnected from the electricity supply for non-payment.

In our article we will try to figure out to whom and in what cases the light can be turned off for non-payment.

Absolutely everyone can get into such a situation, whether you are a responsible payer of utilities or vice versa.

Dear Readers!

Federal Law No. 135-FZ "On Protection of Competition" prohibits actions (inaction) of a dominant economic entity, the result of which is or may be the prevention, restriction, elimination of competition and (or) infringement of the interests of others, including the creation of discriminatory conditions and violation of the pricing procedure established by regulatory legal acts. However, Article 13 of the said law, under certain circumstances, allows the possibility of recognizing some actions as admissible.

Is it permissible for the Supplier of Last Resort to issue bills for electric energy to residents of apartment buildings without any justification?

The plot.

1. The supplier of last resort (GP) issues monthly invoices for payment of consumed electrical energy to residents of apartment buildings with a common house metering device (ODPU), dividing them into individual consumption and consumption for common house needs (ODN). ODN calculates in accordance with consumption standards, and does not expose in excess of the standards.

2. The residents have a valid agreement with the management company (MC) for the management of the apartment building. Provision of utility services for electricity supply, including the responsibility of the Criminal Code. Residents of apartment buildings did not make decisions about making payments for electricity directly with the SOE.

Position: A.7.1. Article 153 of the RF LC provides that, based on the decision of the general meeting of owners of premises in an apartment building, they can pay for all or some of the utilities (with the exception of utilities consumed when using common property in an apartment building) to resource supplying organizations. At the same time, the payment for utility services to resource supplying organizations is recognized as the fulfillment by the owners of premises in an apartment building of their obligations to pay utility bills to the managing organization.

In accordance with Article 46 of the RF LC, decisions of the general meeting of owners of premises in an apartment building are drawn up in protocols in the manner prescribed by the general meeting of owners of premises in this building. Payment by residents of apartment blocks of invoices issued by the Guaranteeing Supplier cannot testify to the decision by the owners of the apartment block to pay for electricity directly to the SE (resource supplying organization).

Thus, monthly billing by SOEs to residents of MKD where the management method is chosen through the management company is an abuse of the dominant position by the Guaranteeing Supplier by:

Creation of discriminatory conditions, expressed in the creation of conditions for the consumption of electrical energy, in which several economic entities are placed in an unequal position compared to other economic entities that have chosen the same method of management and pay for electricity through the Criminal Code (part 8 of article 10).

The Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 4 of the resolution of June 30, 2008 N 30 "On some issues arising in connection with the application of antimonopoly legislation by arbitration courts", in particular, explained that the courts, assessing the action (inaction) of an economic entity as an abuse of the dominant regulation, one should take into account the provisions of Article 10 of the Civil Code of the Russian Federation, Part 2 of Article 10, Part 1 of Article 13 of the Law, and, in particular, determine whether these actions were committed within the permissible limits of the exercise of civil rights or they impose unreasonable restrictions on counterparties or put unreasonable conditions for counterparties to exercise their rights.

On the one hand, the actions of the GP motu can be recognized as admissible due to the fact that:

1) money for electricity in any case must get to him;

2) SOE billing actions do not seem to create an opportunity for individuals to eliminate competition in the relevant product market;

3) no unreasonable restrictions are imposed on participants in the electric energy market;

4) the actions of the state enterprise to issue invoices for payment for electricity to residents of MKD, in the presence of a management company, leads to an improvement in the implementation of electricity by simplifying the flow of funds;

On the other hand, these actions may infringe upon the rights of owners of MKD, in the event of:

1) if the actual consumption on the ONE turns out to be less than the standard;

2) this settlement scheme is not provided for by the current legislation, and in relation to ONE is directly prohibited by law.

So, I am interested in your opinion - monthly invoicing by SOEs for electricity payments for individual consumption and ONE (within the standard) is an abuse of SOEs dominant position, if so, is such abuse within acceptable limits?

Problem

Residents of the house paid for the electricity directly to its supplier. Suddenly, in May 2013, the Criminal Code began to produce these charges in a general receipt for housing and communal services. There was no agreement, there was no meeting of tenants on this issue. To the question of the legality of this, they answered that this is done in accordance with the RF PP 307 of 2006 and 354 on May 6, 2011. This is one problem.

The house has a metering device that takes into account the total consumption separately day / night. Sampling of the consumption of total electricity in the house separately day / night. At the same time, referring to the formula 9 of Appendix 2 of PP 307, the calculation of payment for electricity was carried out as follows: The electricity consumed for the month according to the general meter during the day was divided by the amount of electricity paid for this period. day and night, it was multiplied by the consumed electronic energy. on an individual meter, multiplied by the daily rate, the amount for daily consumption was obtained. Similarly, the energy consumed for the month at the night rate was divided by the amount of electricity paid by the residents at the day and night rates, multiplied by the consumed according to an individual meter, then multiplied by the night rate and received the amount at the night rate. Everything seemed to be good and it seemed that the payment should decrease, tk. instead of the daily rate, they began to pay a mixed rate. But it was not there. The payment amount exceeds even if you pay at the daily rate. When asked what was the matter, we received an answer that we are paying for the general house needs. But we pay for them on the housing estate according to the share of participation, which depends on the area of \u200b\u200bthe apartment. And based on the formula - who burns more, he pays more. This is the second violation.

Further, the formula is valid if there are no debtors in the house. Having carefully analyzed it, you can see that the amount of consumed e-energy. day plus night according to the general meter exceeds the paid one by 2-3 thousand kilowatts, while the consumption for general needs according to the meter is within 300 kilowatts. Therefore, these 1700-2700 kilowatts are distributed among those who pay. As a result, if in May they overpaid by 20-30 kilowatts, then in September this figure reached 100-150 kilowatts. If nothing happens and then the debtor's debt will completely fall on the shoulders of bona fide payers.

This is a problem not only in terms of electricity, it also applies to water and heat, if general meters are installed for their metering.

This is the third violation: the Criminal Code has shifted the debts of debtors onto the shoulders of those who pay. The problem is that those who drew up the formula meant an ideal case, when everyone pays on time, but this does not happen in life: someone is sick, someone is on a business trip, someone did not receive a salary on time, and someone just not enough money. It is this that is not taken into account there or is done so intentionally. In principle, everyone understands this, but refers to the above provisions and applied formulas. If there was one stupid who did not think about the debtors, then why should everyone suffer from this.

I think this is a complete chaos in the housing and communal services, if not a crime on the part of their higher organizations. We do not yet have a law so that I pay for someone else's resource consumption.

Based on the decision of the general meeting owners of premises in an apartment building, owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the lease of residential premises of the state or municipal housing stock in this building may pay for all or some of the utilities (with the exception of utilities consumed when using a common property in an apartment building) resource supplying organizations. In this case, the payment for utilities to resource supplying organizations is recognized by the owners of the premisesth in an apartment building and tenants of residential premises under social tenancy agreements or agreements on the lease of residential premises of the state or municipal housing stock in this buildingtheir obligations to pay utility bills to the management organization

I do not know what standards are in force in your region.

Apply with a statement (written) with a request to explain in detail how you were charged utility bills to your management organization or to your local government.

And once again I explain to you the COUNTER ONE (or MOS), which records only the electricity supplied to the common areas, DOES NOT PARTICIPATE IN THE CALCULATIONS. His testimony is NOT ACCEPTED for calculation, because Putin and his government decided this in 2011.

You need a general house device (fixing everything that got into the house), if it is not there, the ONE is considered according to the consumption standard.

Thank you for this method of payment to Putin.

I explain once again: we have a meter for the total consumption of the house and a meter for ONE, i.e. accounting is possible the most accurate. In addition to everything, all apartments have meters and they stand on the sites.

Here's something: " And once again I explain to you the COUNTER ONE (or MOS), which only records the electricity supplied to the common areas, DOES NOT PARTICIPATE IN THE CALCULATIONS. "

This is another problem and it is bad, because leads to what I described in our house. If there is one, it is easier to take into account his testimony, but officials do not need it, they do what is more convenient and easier for them.

I understand that where there is no such meter it is necessary to do as they write, but if people want to more accurately take into account the supplied energy for certain needs and have a metering device for this, why not use it.

By the way, in my opinion, the provisions of PP 354 do not contradict this, only there is no specific calculation option for this and direct instructions, and officials, including you, have already interpreted this as you write.

The specified meter does not take into account the loss of electricity on the lines from the input to the house to the apartment metering devices. And you must pay for these losses too.

"And once again I explain to you the COUNTER ONE (or MOS), which records only the electricity supplied to the common areas, DOES NOT PARTICIPATE IN THE CALCULATIONS. His testimony is NOT ACCEPTED for calculation, because Putin and his government decided this in 2011. "

You are right here. The laws are written to us, not we, although according to the Constitution the power belongs to the people. As I understand. we were left with one right to do what they thought up.

Do you have any questions? Ask, the answer will follow immediately!

There are changes in the housing code: now you can pay for electricity, water, heating and gas to the organization that supplies these resources. If you conclude a contract directly, then the money from the owners will go immediately to the supplier, and not to the account of the management company or HOA.

To pay directly, you need to negotiate with your neighbors and make a decision at a general meeting. If everything works out, save money, reduce the risk of fraud on the part of the management company and you can get money from it.

As it was before?

It was impossible to conclude a contract directly with the supplier of water, gas or electricity. The management company issued invoices, in which it itself indicated some amounts, rates and standards. The owners transferred the entire amount to the account of the management company, and that to the resource providers.

Ekaterina Miroshkina

economist

The Housing Code had the option to pay directly, but not everyone could use it. In this case, the contract between the owner and the supplier was still not concluded: only payment could be direct. But now this item no longer works.

Most often, the house has a management company or HOA that issue receipts and accept money.

Some management companies work honestly: they do not overcharge, transfer money on time and do not distort readings. Then the owners do not overpay, and the house is not listed as a debtor to the conditional power supply or water utility.

But there are dishonest Criminal Code. They overestimate readings, charge incorrectly, and do not transfer money from residents to resource providers on time. Sometimes these Criminal Code even steal money, and then go bankrupt or disappear. Debts hang on the house, and the owners or the new management company have to deal with them.

Until now, residents could not fully and efficiently control payments. I had to trust the management company, but this is not always justified.

What changed?

Residents of an apartment building can now enter into direct contracts with resource providers. They will be charged not by management companies, but by energy sales, Mezhraigaz or Vodokanal - that is, those companies that supply electricity, heat and water to the house.

The management company will not receive money for services that it does not provide. But this opportunity will not appear for tenants by itself. To conclude a direct agreement at the request of the owners, someone needs to do it.

What services can be contracted with a supplier

You can pay directly for all utilities:

1. Cold and hot water supply.
2. Water disposal (i.e. sewerage).
3. Heating of all types.
4. Power supply.
5. Gas supply.
6. Garbage removal.

You can conclude direct contracts for all types of services or only for garbage collection and heating, in any combination.

Conclude an agreement at the request of the apartment owners

To pay directly, you need to hold a general meeting of owners. The contract with the resource supplier is concluded with all owners at the same time. It will not happen that one apartment pays directly to the energy supply, and the other to the management company.

If the general meeting decides to pay directly, this decision should be sent to the resource supplier, for example, to the local water utility. Then tenants will receive payments from the water utility and transfer money to him too.

Go to a direct contract due to the management company debts

If the management company or HOA owes the resource provider more than two months of money, the contract with them can be terminated forcibly. For this, the supplier must sue the Criminal Code and win it.

Vodokanal or Energosbyt will send the owners a notice of termination of the contract with the management company and the conclusion of direct contracts. Residents do not need to conclude a written contract: the supplier's refusal to work through the management company will be unilateral.

The notice of the transition to direct payment will be posted somewhere in a visible place for residents, published on the website and printed in the official local newspaper.

A month after such notification, the contract with the Criminal Code is considered terminated. Residents start paying directly. The management company will no longer be able to issue receipts for water, gas and electricity and demand money. And if she does so, she can be fined: the cunning Criminal Code will pay the owner twice as much as it put on the receipt.

Whom to complain about the quality of utilities

Even if there is a direct contract with resource suppliers, you can still complain to the management company. By law, she is obliged to keep all the systems in the house in order, even if the tenants do not pay for water and gas to her.

If the owner finds an error in the receipt or the hot water does not seem hot enough to him, you can contact the UK. The management company cannot say: “With whom you entered into an agreement, go there,” it is obliged to accept the appeal and respond. But the supplier, not the management company, will be responsible for the quality of services under a direct contract.

But the management company is responsible for communications in the house, even with direct contracts. If a pipe is leaking or problems with the electrical cable, you can require the management company to fix everything. References to a direct contract with a service provider are useless in this case.

If the owner owes a debt to the service provider

By agreement with the supplier, the management company can restrict his access to resources. An electrician from the power supply company can turn off the light in the apartment of the debtors, or maybe from the management company. They will agree on who will do it: the law allows.

Why then do you need a management company?

The management company earns not on resources, but on house maintenance and maintenance of common property. She will not lose her money: the owners will pay her at agreed rates for current repairs, cleaning of entrances and other services that are in the house management contract.

Even by concluding direct contracts, you will still receive receipts from the management company and are required to pay them. It simply will not indicate the resources that you pay to suppliers.

How to enter into a direct contract with a service provider

Have a general meeting. Any owner can take the initiative. The meeting can be held in person or with absentee voting. To make a decision, a quorum is needed - this is more than 50% of the total number of votes.

The meeting minutes must be sent to the resource provider. Then they will explain to you what to do. You won't have to sign a document on paper with each owner: there will be a standard form for direct contracts.