People who for years did not pay for electricity, gas and water, a lot. Interesting, but non-payers roughly the same number as in the barracks without special facilities, and luxury residential houses.
Lawsuits against defaulters of management companies with the requirements to pay the debts in our courts are many. And statistics clearly demonstrate – they are every year becoming more and more. The Supreme court even had to hold a special Plenum, devoted to judicial practice of peer review of claims for public utility debt.
the Story, which will be discussed, happened in Norilsk. There the court went management company with a claim to the citizen, who for three and a half years very sloppy paid for utilities.
the Citizen in the end owes the utility nearly two hundred thousand rubles. To this amount added fines. According to estimates of the management company, and they accumulated almost a hundred thousand. In court the citizen did not recognize the claim. Said that pays for the lines in the receipt, which shows the calculation for the billing period, with the debt do not agree, and in General services of public utilities “are improperly”.
City court, the parties listened to and agreed with the position of public utilities. Later the regional court has left this decision without changes. Dissatisfied with this verdict of the court, the tenant challenged this decision in the Supreme court. Judicial Board on civil cases of the Supreme court has requested the case and studied it. And then he said that there are bases for cancellation of decisions issued by local courts. Moreover, the Supreme court stated that “substantial violations of law” made and urban and regional courts.
that’s what I saw in the case of the Supreme court. The defendant was the owner of a small apartment. It was was he and his minor daughter. This house was served by a management company under contract with the city administration.
the defendant in support of his words applied to the case of the payment for utility services for two years. From case papers it is seen that established the city court: the payments made by tenant for the last two years, the utility has considered, but has enrolled them in payment of old debts. And there was an amount of debt nearly two hundred thousand roubles.
Norilsk city court, hearing the case, indicated that the dispute between the parties was not an agreement on the definition of the periods and procedure for the allocation of money in debt repayment. As a citizen, paying the bills did not specify the period for which he pays. So the money had to go in repayment of previous debt, “in accordance with the order of its formation,” wrote the court in its decision.
City court also reduced fines from one hundred thousand to forty thousand. The appeal agreed with this.
the Judicial Board on civil cases And��tion court considered these findings to be illegal.
His explanation of the Supreme court began with the Housing code. There is article 153, which States that citizens are obliged to promptly and fully pay for housing and utilities. Another article of the same code – 155-I – States that the rent is paid monthly “until the tenth day of the month following the expiration month”. Unless a different period is provided by contract management of the house or decision of the General meeting of the members of the HOA.
the court Then listed the grounds on which it paid the rent and utilities. The first basis of payment documents submitted no later than the first day of the month. Second Foundation – information about the size of a payment for housing and utilities, debt to pay, “placed in the system or other information systems, allowing to pay” for housing and communal.
Information about the size of a payment for housing, services and debts on these cards are information about charges in the system “information in the submitted payment by e-mail or received via information terminals payment document”.155-th article of the Housing code (part 7) it is stated that the property owners in an apartment house in which there is no HOA or co-op, and there is a management company, payment for housing and communal services make this organization.
There is a document – Rules of providing communal services. Them approved by the government of the country of its judgement. In the 67th paragraph of the Rules says that payment for communal to be paid on the basis of payment documents that the tenant-the consumer provides the contractor. At the 69-th item of the same Rules of the payment document must contain the following information: an indication of a paid month, the name of each type of paid utilities, the size of the tariff for each type of utility resource, the amount of each type of utility services provided for the billing period and the fee for each service, information on the amount of debt for previous periods.
the Supreme court reminded of your Plenum (27 June 2017) where he talked about consideration by courts of disputes about the payment of utilities and living quarters. In the 32nd paragraph of this resolution says that the money is made on the basis of the payment document containing a reference to the calculation period shall be included in the payment for that period, which is included in the payment. If the payment document has no data on the current period, the money deposited for this payment is counted as a payment for that period, which will indicate the citizen. It is said in the Civil code, in article 319.
our hero in his papers on which he was paying such period specified. Judging by the embrace��the movements of the owner, in the disputed period, he paid only the debt specified in the payment.
all Of the above, the Supreme court concludes that local courts, when referred to the fact that the parties to the dispute has not been agreement on the allocation of amounts to repay the debt, and their assertion that the money the landlord had to go to the repayment of an old debt made in violation of the listed rules of substantive law.
the Supreme court ordered the dispute to be reviewed again in the light of his guidance.
