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Cold batteries in the apartment where to complain. No heating: where to call for quick troubleshooting

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Recently, very often it happens that at the time of the heating season, the heat supply stops. In this situation, the most important thing to remember about your rights and obligations of the company that provides heat supply services. It's one thing if the batteries are not heated for several hours, it can be experienced, but sometimes there is no heat for several days, or even weeks. What to do if the heating is turned off, where to complain? Do heating companies have the right to stop providing heat in the event of arrears?

Where to go for help

Can the heating be turned off for non-payment? Even if there were difficulties with finances, and there was no possibility to pay utility bills, companies providing heat supply to the population do not have the right to cut off the heat supply in winter, this is a direct violation of the legislation. Offenses on the part of municipal organizations are often met, it is not easy to get out of the existing difficulties on their own, it's best to consult a specialist:

There is a state legal office, where work is carried out with the population. A lawyer can help deal with issues, explain the rights of the parties and, if necessary, draft a statement of claim to the court.
You can always use the services of a private law firm. This option will not be free, but effective. Experts not only help to understand the situation, but also at the request of the client they can attend the trial.
Equally effective will be the help of an online lawyer who round the clock answers questions concerning disputes over the calculation of utility bills and the improper termination of the supply of heat to the apartment.

Important: If the apartment is municipal (state,) in case of non-payment of utilities, tenants can be evicted. The eviction takes place according to the legislation, violators are obliged to provide housing in hostels with the calculation of an area of at least 6 m 2 per person.

What consequences may arise in the event of non-payment of heating bills

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Non-payment of utility bills is common. The heating system can not be switched off without the consent of the tenant. But in case of regular non-observance of the terms of the contract on the part of the consumer, including the accumulation of debt, the following actions may result:

A company that produces heat at home can file a claim with the court asking for debtor liability.
The defendant will have to pay not only the amount of debt, but also pay off the penalty. Also, the debtor is getting the obligation to pay off court fees.
As a rule, after the decision is made, the defendant receives a notification letter, and the case is transferred to control in the executive instance.
The inspector of the executive organization has the right to seize the movable and immovable property of the debtor.
If the defendant does not begin to repay the debt, his property can be sold, and the proceeds will be transferred to the account of the company providing heat, to pay off the debt.

Important: If the defendant does not have the opportunity to repay the debt sum in one payment, he can ask for payment of the debt in installments.

In what time it is necessary to pay off bills

It is clear that if the tenant has not paid the heating bills, the penalties are not immediately accrued. The consumer of communal services is obliged to repay the monthly debt no later than the 10th day. The warning is sent in case of a debt accumulated in three months. If during the next three months tenants do not begin to pay heating bills, the organization sends a statement of claim to the court, with a request to collect debt from the debtor. If in the process heating is turned off for non-payment, the respondent can send a counter-claim for violations of the law.

Important: If the owners of the apartment in a six-month period pay even a small part of the debt, the utility company will not be able to forward the claim to the court, since tenants will not be considered as malicious defaulters.

Without a court decision, the company has no right to arrest property or to disconnect heat supply.

In what cases is it possible to delay payments

The law provides for the possibility of deferring payments, writing off penalties and all possible penalties if the tenant had good reasons or circumstances.

A mitigating circumstance, the court considers the income of a family that is below the subsistence level of the region. But it is worth considering that a poor family can only be considered if there are all supporting documents, namely income statements. Such a family has the right to receive part of the write-off due to state support, privileges are granted in the form of subsidies.
A special circumstance is also considered a delay in the payment of wages, which was due to the fault of the employer.
The court decision also depends on the residence of young children, disabled people and dependents, this is a mitigating circumstance.
The recent reduction or loss of work in connection with health, can be regarded as a special circumstance.

Important: The owner can issue a subsidy, but if within two months after registration of benefits the tenant continues to neglect his duties, the statement of claim will be sent repeatedly.

Conducting the recalculation for violation of the norms of heat supply

Also tenants have the right to carry out recalculation in case of violation of rules or norms for supplying heat, gas and electricity. Between the organization and the official tenant is a contract for the provision of services for heating systems maintenance apartment buildings. Legislative norms prescribe rules for the supply of heat, which must be observed without fail.

What to do when there are grounds for recalculation:

In case of violation of the contract, the owner of the apartment has the right to demand recalculation of the accrued amount.
To begin with, it is necessary to send a complaint to the head of the organization that provides public services. The statement clearly spells out the reasons for displeasure, with specific references to broken clauses or laws, it is difficult to do without the help of a qualified specialist.
If the entire house has been disconnected from the heating, it would be advisable to make a collective application with the requirements for recalculation.
The head of the organization is obliged to review the application and give a written response to it.
If the claims of the tenants are not met without good reasons and legal grounds, then you can apply to the court with a statement of claim.
The organization is obliged to execute the court decision in the stipulated period.

Important: Evicting tenants from a privatized apartment is almost impossible, if the residents have no other living space available.

In which cases you can count on the recalculation

There are state norms for the supply of heat to apartment buildings. In case of violation of the temperature schedule, the consumer has the right to refuse to pay for services or demand an allocation.

Violation of the temperature schedule is considered to be a good reason for refusing to pay for the supply of heat. The temperature of the heated, residential premises should not be lower than 18 0 C, otherwise the tenant can send a complaint to the head of the organization that produces heat. If the temperature does not rise to minimum standard, the owner of the apartment may refuse to pay for heat supply services and apply to the court.
Pressure in heating systems must also be observed.
A tenant can refuse to pay heating if the chemical composition of the water in the heating systems does not meet the permissible standards and damages the pipes and batteries.

Important: Heat dissipation in rooms with a temperature below 12 ° C is allowed for several hours, even in the event of an emergency. Also, the lack of heating in residential buildings is allowed no more than a few days, depending on the density of the population of the district.

Bringing the organization to justice

If the organization refused to comply with the court decision, the tenants can re-submit the petition, in this case the head of the organization may be brought to administrative or even criminal liability.

An organization or its manager may be brought to administrative responsibility by a housing inspection or a court. In case of establishing facts of violation of the rules of heat supply or arbitrariness, the head is facing a fine of up to a thousand, and sanctions may be collected from the organization in the amount of up to ten thousand rubles.
A criminal penalty may follow if the communal workers have turned off heating in winter or in case of arbitrariness. Both the leader and his deputies can be brought to criminal responsibility, in especially severe cases, the offender may be imprisoned for up to five years. The organization may incur a fine of up to 200 thousand. Only the court can appoint such a measure of punishment.

Important: It is better to pay for utilities in a timely manner, as this can lead to litigation and additional costs. But if the heating regime is violated by a communal organization, do not neglect your rights to refuse to pay for heat.

Conclusion for all there is one, turning off cold water, heating or sewage system is a direct violation, which will not go unpunished. Payment for utility services is carried out according to the contract, therefore all important points can be viewed in the document. Attraction to the court is possible not only for the consumer, but also for unscrupulous organizations that violate the legislative standards of heat quality and temperature conditions.

If you think that the temperature of the heating batteries in your apartment is lower than prescribed by the legislation, then in this case you need to know the following.

You need to file a claim with the management company or organization that directly provides heating services for your home. In the content of the claim, namely in the demanding part, it is necessary to demand an increase in the temperature up to the sizes established in the regulations and also the recalculation of heating fees, taking into account that the air temperature did not meet the standards. In the claim you need to refer to the Rules for the provision of utilities to the owners and users of premises in apartment buildings and apartment buildings.

Paragraph 15 of Appendix No. 1 to these Regulations regulates the requirements for the standard air temperature in residential and non-residential premises: in residential areas, the air temperature should be not lower than +18 degrees, in corner rooms +20 degrees, in areas with colder temperatures and living spaces in These areas should not fall below + 20 degrees, and in corner rooms not below +22. It is not permissible to reduce the normative temperature at night (from 0:00 to 5:00) by no more than 3 degrees, while the same temperature in the daytime is not allowed.

Know that for every hour of the deviation from the air temperature in the living room, the amount of heating fees is reduced by 0.15% of the amount of the fee, determined for the billing period, for each degree of temperature deviation.

If the consumer has made overpayment of utilities, then in accordance with Article 1102 of the Civil Code, he can recover the amount of overpayment from the person who provided this service for heating, citing unjust enrichment.

If you feel that your apartment is cold, then you must report this to the emergency dispatch service (including by phone). Information about your message should be entered in the registration of applications. If the employee of the emergency dispatch service is not aware of the cause of the violations, then he must discuss with the consumer the exact time and date of the inspection of the quality of the provision of public services.

Also, the employees conducting the audit must, according to the results, draw up an act on the provision of improper quality communal services, which the consumer (or his representative) must sign, and the act is signed by the performer himself (or the representative of the performer), the act is drawn up and signed in two copies, one copy remains from the consumer (or representative), and the second from the performer.

To draw up a unilateral statement on the testimony of thermometers;
Be sure to make a claim to the MC or heat supply organization;
An act must necessarily be attached to the claim;
After you hand in the claim together with the act in the Criminal Code or the heat supply organization against the signature and make sure that on your copy of the claim there was a date, the full name and initials of the employee who accepted the claim. If they refused to accept the claim, then send them by registered mail with a notification and a list of the investments to the legal address of the organization, their signature notification will just confirm that they received the claim, and if it comes to trial, then you will have confirmation that your the claim was received but ignored, and you tried to settle the matter in a pre-trial order.

In your claim, you must require that the MC or the heat supply organization draw up a report on the low temperature and restore the proper heat supply and make the charge recalculation.

If your claim is not satisfied or not fully satisfied, then you are entitled to apply to the court on the basis of the law on the protection of consumers' rights.

But before the trial you need to file a complaint with the Housing Inspectorate with a request to conduct an audit, as well as write a complaint to the Territorial Department of State Energy Supervision. This authority may issue an order to the heating utility to restore the heating system, ensure its reliable and economical operation.

That's the way you need to act in case you have poor heating in your apartment, in any case, do not be afraid to enter into disputes with the Criminal Code if it violates the vagas of law, you pay for the services in full and they must be of proper quality, remember this and know your rights . And if you do not have experience in litigation, then first get a consultation from a competent specialist, he will tell you everything and put it in its place. Wish you luck!

If you unplanned water shutdown, you must immediately contact the ZhEK or management company. Then, if all the permissible norms for time are exceeded, you can attract other city and regional organizations to your side, and even apply to the prosecutor's office. Please note that planned and unplanned trips hot water should be compensated for by reducing utility fees. True, this applies only to cases where no water meters are installed in the house or apartment.

Hot water shutdown: causes

Most often, hot water supply is cut off due to repair and maintenance work at the CHP plant or on distribution pipelines. In such cases, the operating company in advance warns residents of the district about the upcoming disruptions to the hot water. Without warning, hot water supply stops when there are breakdowns at the CHPP or in the distribution network.

Today, the heat supply system for residential buildings in many cities is in a deplorable state. This is due to increased corrosion of the inner surface of the pipes: water that flows through the heat conductor has increased stiffness, and therefore has a destructive effect on the metal. The strength of pipes damaged by corrosion is significantly reduced, which is why breakouts occur. To avoid accidents in the winter, municipal services in the city during the summer inspect and plan repairs of heating and hot supply systems. Usually it takes several days or weeks.

Where to go if there is no water: an action plan

When planning work, you should wait until the repair is over. Before that, most likely, the supply of hot water can not be adjusted due to lack of technical capabilities. Contact the management company, Rospotrebnadzor, the prosecutor's office and other organizations are worth it, if the repair is delayed or the terms of its execution are violated.

In case of emergency water shutdown, first of all you need to find out the cause of the malfunction. To do this, call the Housing department or the management company, which pays money for using the water supply system. Call, even if your neighbors have already done this: the more complaints are received, the better. If the timing of the inclusion of water is unknown or you are not satisfied, call the following organizations:

emergency service;
state inspection;
committee of Housing and Communal Services under the city administration;
the city administration itself;
reception of the city Duma.

Call not alone, but together with neighbors. Mass Complaints much more effective than individual ones. Thanks to the support of neighbors, the chances that the services will begin to fix the problems will significantly increase.

In addition to making calls, it is worth sending written appeals through the Internet. Leave complaints on the websites of the Housing Inspectorate, the Prosecutor's Office and Rospotrebnadzor. There are also special online services where citizens can post messages about problems in the city economy.

In order to have evidence in the court and the prosecutor's office, all complaints to supervisors should be made in writing. The complaint is made in two copies: one is given to the management company, and the other is left to itself. Demand that on the second copy of the employee of the company put the incoming number of the received document and the date of filing the application.

If the management company refuses to put marks in the copy of the application, send the document in a letter with the receipt of the receipt. In this case, the notification form will prove that you have written the application.

Consideration of the application continues within 3 working days. If the company at this time does not take any measures or limited promises, call for help from the prosecutor's office. To compensate for the damage caused, contact the court.

Recalculation of water charges in case of disconnection

The payment for hot water must be reduced taking into account the shortage of services. True, this applies only to cases when the set duration of the water cut-off has been exceeded. The recalculation is made in the absence of water meters, in other cases it is necessary to adhere to the meter readings.

For each hour in excess of the scheduled time for switching off hot water, the monthly fee is reduced by 0.15%. As the amount from which the subtraction is made, the norms of consumption of utility services are used, if there are no meters. The recalculation is not carried out if the hot water was switched off for a period less than the permissible duration of the trip. Water can be turned off without recalculating at this time:

at the same time 4 hours during an accident;
at the same time 24 hours, if the accident - on the dead-end highway;
total 8 hours per month in normal situations.

Who controls utilities and where else can you complain?

The work of managing companies is controlled by Rospotrebnadzor. Feel free to complain to this organization if the Housing Office or the management company refuses to clear or indicate incorrect data in the receipt. Please note that the recalculation must be made even with scheduled hot water shutdowns if the time limits have been exceeded.

In addition to Rospotrebnadzor, there are many other organizations where you can enlist the support in the fight against the management company or Housing office. First of all, these are city authorities - the local Duma and administration. In any city administration there is a committee of housing and communal services, which deals with the issues of arrangement of municipal services.

There are also non-standard approaches to solving the problem. For example, if water is cut off on the eve of the election, it is worth contacting the local branch of a large party. So you get guaranteed support at a fairly high level. If your dispute with the housing office or management company went far, but did not bring results, contact the media. Raising a wave of discontent in the local press, you can, at a minimum, draw attention to the problem.