Do they have the right to turn off the light for non-payment if there is a small child? The rights of management companies to cut off energy in case of debts.

20.10.2019

Every person daily uses such a type of communal resource as electricity. Electrical appliances make our lives easier and save time. But as you know, for any resource supplied, users are required to pay. Many owners avoid fulfilling their obligations for one reason or another.

This is a reason to apply to them special sanctions for non-payers established by the current legislation. For example, non-payment of electricity bills can lead to a shutdown, which will greatly affect the living conditions of the owner. The consumer must know what to do if the light is turned off and how to protect their rights if this happened illegally.

Can the lights be turned off for non-payment?

Relations between the consumer of electricity and the supplying organization are regulated Decrees of the Government of the Russian Federation No. 354 of 05/06/2011 and No. 442 of 06/04/2012. The latter describes rules that apply exclusively to the power supply sector. It is in them that the main legal reasons for turning off the light in the apartment are established:

availability of a court decision to terminate the supply of electricity;
illegal connection to the power line, including the absence of a supply contract;
violation of network connection technology;
termination of the contract for the supply of the resource;
threat of an accident or elimination of its consequences (without prior notice);
the need for repairs or scheduled maintenance. The period of work should not exceed 24 hours at a time and 72 hours per year;
the presence of debt for the supply of electricity due to improper performance by the consumer of his obligations under the supply agreement.

Important! By law, the presence of debts for utilities is the basis for a power outage.

In this case, the fact of non-payment is established in the absence of payments within 2 months according to clause 118 of the "Rules for the provision utilities» №354.

In addition to cutting off electricity for debts, it is provided, according to part 14 of article 155 of the Housing Code, a fine in the form of a fine. For tenants of municipal housing, it is possible to relocate to a smaller area, and for owners - a trial.

Does the management company or the HOA have the right to turn off the light

UK, HOA and ZhEK can and have the right to limit the supply of electricity in order to combat non-payers, since often contracts for the supply of electricity are concluded with them, and not directly with the supply company. However, they can use the right to turn off the light if both parties agree, without it, turning off the light is lawful only by a court decision in the presence of a bailiff.

Power outage procedure

The law approved the rules for disconnecting electricity, which must be followed during the disconnection procedure.

The main rule that must be observed when disconnecting is to warn the owner of the proposed limitation of the supply of electricity by sending a written notice. The supply companies have no right to turn off the light without prior notice.

Before turning off electricity for non-payment, a special procedure established by law is required:

The debtor is notified of the need to pay off the resulting debt within 1 month.
If no action is taken by the defaulter, a written warning about the power outage is sent.
After 3 days, a second notification is sent. If it is ignored, the supply organization can turn off the light legally.

IMPORTANT! Turning off the lights without prior notice is against the law. This decision can be challenged in court.

A warning may be sent by registered mail(with notification), handed over personally against receipt, through a personal account on the website of the supply company, by phone and together with the bill for housing and communal services. If the debtor is entity, you can submit a payment request to the bank serving it.

Notification Structure

A power outage notice must contain the following information:

Details of the debtor: full name, residential address, personal account number.
The amount of debt and the period for which it was formed.
Suggested due date.
Responsibility of the consumer for failure to fulfill obligations under the supply agreement: complete or partial restriction of the supply of electricity.

Having notified the consumer about the debt for a communal apartment and not having received payment, the HOA or the Criminal Code call an authorized specialist from the power supply organization. On the appointed day and hour, he disconnects the meter from the network. Seals are installed on the device in order to avoid illegal use of the resource.

According to Decree No. 442, at the time of the cessation of the supply of light must be drawn up " Power outage act" containing information:

about the debtor and resource provider;
the grounds and term for limiting the supply of light;
the amount of debt and methods of repayment;
time and date of shutdown;
type of restriction (full or partial): complete provides for a cessation of electricity supply, partial - a reduction in supply volumes;
electric meter number and readings at the time of shutdown;
a set of measures taken to prevent disconnection;
reasons for which the disconnection failed (for example, the risk of an accident).

When compiling the document, an employee of the Criminal Code or a member of the HOA and the owner are present. The act is drawn up in 3 copies and signed by both parties, no errors are allowed. The legality of a power outage for non-payment of utilities will be confirmed only if all the rules are observed.

Illegal power cut

The management company is obliged to comply with the procedure for cutting off electricity, but in practice this does not always happen.

It is illegal to turn off the light for non-payment of rent in the following cases:

Lack of notice. In this case, the debtor may file a claim for violation of rights. Even for persistent defaulters, this is a chance to return the electricity supply without paying the debt.
Residence of a minor. If the electricity is turned off and there are consequences for the health and life of the child, then this is regarded as harm, which will lead to administrative punishment and compensation for moral damage.
The residence of a seriously ill person whose life depends on devices connected to the network.

For illegal restriction of the supply of electricity for non-payment, the service provider can be held liable under the following articles:

Turning off utility services established rules is arbitrariness and is punishable under Article 330 of the Criminal Code of the Russian Federation. Bringing to criminal liability is possible when causing significant damage to the consumer.
The consumer through the court can demand compensation for non-pecuniary damage in accordance with Art. 15 of the Federal Law "On Protection of Consumer Rights". Only a citizen who uses electricity for personal purposes can receive compensation.
Energosbyt is a natural monopoly in the field of electricity supply. An organization can be held administratively liable for Article 14.31 of the Code of Administrative Offenses.

Damage can be defined as direct (for example, spoilage of food in the refrigerator) and indirect (for example, the inability to watch TV). But to argue their claims in court, there should be no debt.

What to do if the power was turned off for non-payment

If the light supply is stopped according to all the shutdown rules, there are two ways to resolve the issue of reconnecting electricity:

Full repayment of debts.
Installment payment. The consumer can ask. The supply company cannot refuse this request.

After paying off the debt or receiving an installment plan, Energosbyt issues a certificate of absence of debt, which must be submitted to the Criminal Code or HOA with an application for reconnection to the network. There you will need to pay a small amount for connection and wait for an electrician. The specialist will remove the seal and connect the room to the network. When the procedure is completed, an act of connection is drawn up again. The light should appear within a day.

IMPORTANT! Do not unintentionally connect to the mains. First, it's dangerous. Secondly, you may be held administratively liable for imposing a fine.

Non-fulfillment by the consumer of his obligations to suppliers of resources in the field of housing and communal services is a reason for terminating their supply. Failure to pay is a legal reason to turn off the electricity. The restriction procedure must be carried out in accordance with the rules established by regulatory enactments. Their violation is the basis for an appeal in court. If you have turned off the light for non-payment in compliance with the law, try to pay off the debt as soon as possible or get an installment plan.

Today, our life cannot be imagined without electricity, but this remains only big words until the light in the apartment goes out at the most inopportune moment. To prepare for power outages, you need to know why they happen and what to do in such situations.

In what cases can the light be turned off?

All the reasons for which the supply of electricity is interrupted, not counting the termination of the contract between the supplier and the consumer, can be divided into two groups: technical and economic.

The technical reasons for turning off the light include:

Planned electrical repairs. Their terms and duration are stipulated in the energy supply contract between the energy consumer (in the case of an apartment building, the utility provider acts as the consumer) and the supplier. Planned outages are limited to 72 hours per year and cannot exceed 24 consecutive hours.
Non-compliance of the consumer's power-receiving equipment with safety standards. Shutdown orders for this reason are issued by Rospotrebnadzor.
Extraordinary circumstances. This category includes the elimination of accidents at power plants, breaks in power lines, etc.

The economic reasons for interrupting the supply of electricity are related to violations by the consumer. These include:

Unaccounted for consumption. We are talking about the theft of electricity with the help of illegal manipulations with meters.
Unauthorized connection. The electricity supply will be turned off if energy consumption is detected without concluding an agreement with the supplier.
Debt to the supplier. In other words, a power outage for non-payment. This reason is of most concern to consumers, since there are many nuances with turning off the light for debtors. Let's analyze them in more detail.

When can electricity be turned off for non-payment?

Restriction or termination of the supply of electricity is a sanction for non-payers who are in arrears in paying for electricity. The supplier has the right to partially limit the debtor's consumption regime, followed by a complete shutdown if the consumer has not paid for the supplier's services for two months. In this case, the size of the debt does not matter.

Shutdown is a last resort in relation to non-payers. The preliminary measure is the accrual of penalties, which is 1/300 of the Central Bank refinancing rate for each day of delay.

Power outage for non-payment - law

The procedure and rules for turning off electricity are regulated by law. The grounds on which a supplier can stop supplying energy to citizens of the Russian Federation are set out in Decree No. 442. Sanctions in the form of a partial restriction are introduced if the consumer has a debt for 2 billing periods. After the partial restriction comes into force, the citizen has 10 days to pay off the debt. After this period, the supplier has the right to introduce a full restriction.

Particular attention should be paid to Resolution No. 624, which was adopted Russian government in May 2017 and entered into force in October. In it it is a question of change of rules of shutdown of the electric power for non-payment.

According to the new rules, even budget organizations including schools and kindergartens. It is in Resolution No. 624 that it is stipulated that a debt of any size is the basis for turning off electricity.

The procedure for disconnecting electricity for non-payment

According to the current legislation, the following procedure for disconnecting electricity for non-payment is established:

If the energy consumer has a debt that amounts to 2 monthly standards (the size of the standard varies depending on the region), the supplier can initiate the shutdown procedure.
First, the supplier is obliged to send a notice to the owner of the apartment containing information about the amount of the debt. From the moment the notification is received, the consumer has 20 days to pay off the debt. In 2016, the list of notification methods was expanded. Decree No. 1498 allows the transmission of a notice to email debtor, in his Personal Area" in information system Utilities, registered mail, and through a recorded phone call. The supplier is no longer required to hand the notice to the debtor in person and seek his signature.
If the debt is not repaid within 20 days, the supplier introduces a partial limitation of energy consumption for the non-payer.
From this moment, the debtor is given another 10 days to pay. After 10 days, the power supply will be completely cut off.
Disconnecting the defaulter from the network, seals are placed on his meter, which prevent unauthorized connection bypassing the law.
Power outage works are recorded in a special act, which is drawn up in three copies and signed by the subscriber and the official representative of the supplier.

What to do if the power is turned off for non-payment?

If your electricity was turned off for non-payment legally and without violating the procedure described above, then best solution will pay off the debt. Naturally, no one is immune from financial problems. And if you want to pay for electricity, but do not have the funds for this, contact the supplier company to provide you with a delay.

Having reached an agreement with the supplier, you will receive a delay of 6 months, which is supported by a certificate. This certificate must be handed over to representatives of the organization serving your home (HOA, housing department). Within 24 hours after providing the certificate, the electrician is obliged to remove the seals from your meter and restore the power supply.

It is advisable to contact the provider for a delay in advance if you understand that you will not be able to pay for his services in a timely manner. In this case, you will avoid power outages, and you will not have to go through the unpleasant procedures associated with disconnecting and connecting to the network.

Important: you can also turn off electricity for non-payment illegally. Unlawful disconnection is considered to be made in violation of the established procedure. For example, if the light was turned off for non-payment without notification or if the act of work was not provided, you need to go to court and defend your interests.

It is a common practice in Russia for utilities to turn off electricity to a person who is in debt for other services, such as water or gas. Such actions of public utilities are illegal - they are obliged to demand the repayment of debts through the courts and do not have the right to put pressure on the owner of the apartment, turning off his light.

Liability for illegal power outages

If your electricity was cut off illegally, the supplier can be held liable under Article 14.31 of the Code of Administrative Offenses for abuse of a monopoly position. The fine under this article varies from 15,000 to 20,000 rubles for officials and from 300,000 to 1 million for legal entities.

Also, illegal power outages are regulated by article 330 of the Criminal Code. Russian Federation. According to it, the energy supplier can be held liable if the consumer has suffered significant damage and has not been able to obtain compensation by filing complaints with the supplier, administrative authorities and utilities.

As for the possibility of obtaining compensation for non-pecuniary damage in the event of an illegal power outage, such a measure is not provided for by law. But if the illegal power outage caused material losses, this can be proved in court and the damages can be compensated.

Electricity turned off for non-payment - how to connect?

If your electricity was turned off for debts, then electricity will be reconnected immediately after they are paid off. The representative of the electricity supplier must make the connection within two days from the date of payment of the debt. The reconnection fee is the responsibility of the consumer. The amount of payment - within a thousand rubles.

Independent connection to the network is a violation of the law, therefore, it is highly not recommended to manipulate a sealed meter. When fixing a violation, it will be regarded as theft, and an impressive fine will serve as a sanction.

However, living in apartment building, you can still access electricity even in the event of a power outage. To do this, you need to agree with one of the neighbors so that he will let you use his sockets. Run an extension cord from your neighbor's apartment to yours and use electrical appliances while you deal with debt and connection problems. This method is completely legal.

There is another scheme that you can use at your own peril and risk. It is illegal and suitable for residents of panel houses. In such houses, sockets during construction were installed opposite each other in neighboring apartments. If your neighbor doesn't mind, you can put a jumper in place of your outlet and use electricity from your neighbor's outlet. Do not forget to remove the jumper before the arrival of a representative of the supplier company.

FAQ

Below is a list of popular power outage related questions.

Turned off the light - where to call?

If the power outage was planned, then it makes sense to call the responsible services in the absence of notification. This is considered a violation on the part of the electricity supplier, and he can be held liable if you suffer damage due to a power outage.

You can call several services during a power outage:

Start with the dispatcher of the housing and communal services or the chairman of the homeowners association.
If you do not get a clear answer, call the energy saving organization to which your home belongs.
Residents of large cities can contact a temporary information center, the phone number of which is usually indicated on the information stand of an apartment building.

For what debt can the electricity be turned off?

Under the new rules, blackouts for non-payers and restrictions on the supply of electricity can be initiated with debt of any size if the consumer does not repay it within two months. These rules came into effect in October 2017.

What categories of citizens do not have the right to turn off the light for debts?

The interruption of electricity supply is prohibited if the apartment is inhabited by a disabled person, a pregnant woman, a minor child or a veteran.

Who has the right to turn off electricity to a non-payer?

Only an energy-saving organization.

What is the fine for unauthorized connection to the network?

From 1500 to 2000 rubles for individuals and from 30 to 40 thousand rubles for legal entities.

Electricity is perhaps the most important and valuable utility service. Therefore, you should not accumulate debt on it so that you do not turn off the light. Remember that it is always possible to negotiate a delay with the energy supplier and resolve the debt problem before resorting to extreme measures.

The issue of non-payment of "communal" is now more acute than ever. Due to low wages, illness and personal hardship, people can go months without paying for the services they receive. And when another threat comes from public utilities, insolvent citizens worry and fear not only that they are obliged to pay companies a large amount of money, but also that they may be deprived of some modern conveniences.

So, do they have the right to turn off the light for non-payment of rent? This topical issue will be the focus of this article.

To be or not to be?

Do they have the right to turn off the light for non-payment of utility bills? Yes, such actions are allowed and are considered legal, as they are regulated by Russian law. However, there are some nuances here, which will be discussed below.

In what cases does a forced shutdown occur?

With regard to utilities, we found out whether they have the right to turn off the light for non-payment. Now let's see what cases are considered by law as malicious payment evasion, due to which such drastic measures can be applied.

First of all, it should be remembered that debt is not measured in amounts, but in time intervals. According to Russian law, a decision to turn off electricity should only be made if the owner is two months or more late in payments. That is, if your neighbor's debt is 1,500 rubles, and he does not pay the required amount for only one month, then he will not be penalized yet. But if you have not paid your bills for sixty days or more, although your debt is ten times less than your neighbor's, an unpleasant message from public utilities will not keep you waiting.

What follows before a radical measure

Before a persistent defaulter is blocked from accessing the public electricity network, utilities must fulfill a number of conditions.

Firstly, the owner of the living space must be notified in writing about the possibility of disconnecting from the power supply. What does this document include? Firstly, the last name, first name and patronymic of the debtor, the address of his residence and the current account on which he pays utility bills. Also, the paper will contain information about the amount and period of debt, as well as the warning itself. That is, by what specific date it is necessary to pay the bill for energy supply.

Do they have the right to turn off the light for non-payment of rent without warning? No, since the law of the Russian Federation has specific instructions on this matter: the non-payer must be warned. Moreover, you can not just leave a piece of paper with a notice at the door. It is necessary to personally hand over the document to a person for review and certify this process with the personal signature of the owner of the house or apartment.

The opportunity to rehabilitate

According to a written notice, the defaulter can repay the debt in full or (be careful!) in part. That is, if the debtor pays any amount as payment for energy supply, then this will already be considered a full payment for the service. This means that the municipal institution will have to wait another three months to start fighting the malicious defaulter again.

Of course, it is better not to reach such emergency measures and try to pay at least the minimum amount for paying for energy supply every month.

If no payment has been made

If the owner of the housing did not heed the warning and did not deposit money into the utility bill, he is again sent a notice of a power outage. This time, the debtor is given a time limit for paying for services equal to three days. If cash and do not go to the expense of public utilities, the company proceeds to drastic measures.

Do they have the right to turn off the light for non-payment without a court order? Yes, since under Russian law it is not necessary to go to court when it comes to stopping the actions of persistent non-payers. However, this only applies if the energy service provider has met all of the above conditions.

But do they have the right to turn off the light for non-payment without a court decision in the winter? As practice shows, public utilities have every right to turn off electricity to persistent non-payers, regardless of the time of year and other factors.

But do they have the right to turn off the light for non-payment if the apartment has an electric stove? Yes, because the principle described above applies in almost all situations. For example, do they have the right to turn off the light for non-payment if there are minor children? In fact, the public service does not care who lives in the housing where there is a debt. For such institutions, the main thing is that residents pay for services on time. However, the presence of small children and seriously ill citizens can be extenuating circumstance, which we will discuss below.

If the algorithm of actions is violated

Do they have the right to turn off the light for non-payment, if any Small child? Yes, utilities have such rights. But what to do if your electricity was turned off illegally? That is, if the conditions mentioned above were not met?

We remind you that it is possible to restrict a tenant in using electricity when implementing a similar algorithm:

Written notice with a warning.
Providing a thirty-day period for the payment of debt.
Repeated notification with a power outage warning in three days.

It happens that the owner of a house or apartment did not receive a document with a warning about drastic measures and did not sign it. Or there are situations when the non-payer contributed part of the amount from the total debt to the account of the municipal institution, but the light was cut off anyway. It may well be that there was no repeated notice of a power outage, and drastic measures were still applied. What should the landlord do in this case?

Such a person can go to court with a complaint against the actions of public utilities with a request not only to connect him to the general power supply network, but also to pay a certain amount in the form of non-pecuniary damage. And although this situation is absurd, it still occurs quite often.

In such cases, utilities, if due to the inexperience or carelessness of their employees, have violated the conditions for the legal disconnection of the defaulter from the power grid, they may be found guilty. Of course, if it was proved that the owner of the housing did not receive notices or paid part of the debt.

How is the shutdown process

So, we have analyzed whether they have the right to turn off the light for non-payment. The short answer is yes.

Now let's find out how the process of disconnecting a malicious defaulter from the power supply networks is carried out. In such a situation, a specialist is sent to the debtor, who will seal the electricity meter and stop the supply of electricity to the network. It is noteworthy that it is impossible to implement such actions a day before the weekend or public holidays.

What to do in case of disconnection

Before deciding what actions to take after a power outage, you should know why such a penalty has been established.

First of all, turning off the light is not a punishment or retribution for the dishonesty of the payer. Rather, it is a temporary and forced measure that encourages the debtor to pay bills as soon as possible.

That is, the purpose of turning off the light is to make the malicious violator think about the importance of timely payment of utility bills. Therefore, it is possible and necessary to return everything to normal. Moreover, this is welcomed by the public utilities themselves. What steps should be taken to bring the light back?

First of all, of course, it is necessary to pay the debt. However, if the owner of the property does not have the opportunity to do this completely, then he can contact the local authority providing energy services with a request to grant him a delay. All citizens of the Russian Federation have the right to a gradual payment of the debt, so the public utilities will be happy to conclude a deferment agreement with you.

With this document, you must contact the management company, where you will be asked to deposit the required amount as a repayment of part of the debt. After these funds are paid, the defaulter agrees on the arrival of a power engineer who, at the appointed hour, will reconnect the living space to the power grid.

Preferential circumstances

Do they have the right to turn off the light for non-payment if there is a small child? This question has already been answered many times in the article. However, let's discuss whether it is possible to take advantage of such a situation in order to cancel the radical measures of a communal institution?

If the family has a newborn child or a seriously ill person, then you should contact the enterprise providing energy supply services with a document confirming the residence of privileged categories of the population in a particular living space. In this case, the electricity is not turned off, but the owner of the housing is obliged to pay the debt.

The same principle applies to another common question: do they have the right to turn off the light for non-payment if there is a disabled child? As you can see, we must always be able to agree. Public utilities are people too, therefore, upon presentation of a document indicating that you are in exceptional circumstances, you will not be turned off the electricity, but only on initial stage and with the condition of full repayment of the debt (immediately or partially).

Do they have the right to turn off the light for non-payment in SNT?

SNT is a horticultural non-profit partnership, which is founded by citizens on a voluntary basis with the aim of solving common tasks and problems of the socio-economic direction (garden, horticultural or country). And although each such association has its own charter and its own rules, yet each SNT is subject to the unified civil laws established in the Russian Federation.

There are cases when the members of the partnership or the chairman may threaten the debtor that they will cut off the electricity supplied to his site, as a punishment for non-payment. Is it legal?

Of course not. Since only the utility company has the right to turn off the power supply. Therefore, if the gardener was disconnected from the general electricity network, he can appeal the decision of the partnership in court.

On the other hand, CNT can also sue a persistent defaulter in court to force him to legal basis pay off any debt.

When Shutdown Is Allowed Without Warning

Of course, there are situations when the law allows a complete shutdown of electricity from consumer networks. Often this applies to all owners of housing, regardless of whether there are debtors among them or not.

First of all, it is about repair work carried out in a planned or emergency mode. In the first situation, it is important to notify the tenants at least a few days before the work.

There are other cases when it is justified to disconnect the owners of housing from the general power grid. First of all, we are talking about the theft of electricity, deliberate damage to energy devices, deliberate impact on the quality of the energy supply consumed in the network, and so on.

In some cases, fines or other penalties may also be imposed.

Finally

As you can see, utilities have the right to disconnect some users from common system power supply. In this article, situations were analyzed in detail when public utilities can cut off the light for non-payment.

It is important to be very careful here. If the owner of the dwelling received warning notices twice, then turning off the light in this situation is considered legal. If the defaulter did not receive written notices of the debt and warnings about disconnection, then the actions of the enterprise are considered unlawful and the debtor can apply to the court with a request to connect it to electricity and pay moral compensation.

What to do if radical measures turned out to be legal? In this case, it is necessary to pay the debt as soon as possible. If this is not possible, you can conclude an agreement with the company on installment payments on debt and make a minimum amount against future payments. In this case, the supply of electricity to the debtor will be resumed as soon as possible.

And of course, the most important thing: remember that only timely payment of utility bills will save you unnecessary worries and inconveniences associated with disconnecting the premises from the general power supply networks.