Write off housing and communal services debts: in what cases is this possible?

They remembered their debt too late - the train left

Consumers have the right not to pay for housing and communal services if they demand a refund for a period of more than three years ago.
In civil law, this period is called the statute of limitations. But it must be taken into account that according to Part 1 of Art. 155 Housing Code of the Russian Federation and clause 2 of Art. 200 of the Civil Code of the Russian Federation “the limitation period for claims for collection of debt for payment of residential premises and utilities is calculated separately for each monthly payment.” This means that in each payment it is important to record the period for which payment for services is made.

If this is not done, then all the money subsequently received from you will, first of all, go to pay off the old debt, and then to offset current expenses.

Consequences of non-payment of utility debts

First of all, it is necessary to understand what threatens debtors who do not want to pay for services provided by public utilities.

Initially, the so-called “debt list” was practiced. Lists are posted at the entrance, indicating the name of the debtor and the amount of debt to the services. Utility workers rely on the sense of shame of homeowners, but in practice they don’t care about such lists.

The second step is to turn off the electricity, gas or water supply. However, apartment owners should be careful and know their rights.

The owner of an apartment or house has every right not to allow anyone into his home, therefore, if all the meters are located inside the apartment or on the territory of a private household, then representatives of the utility service do not have the right to turn off communications.

In order for you to be required to provide access to meters, representatives of utility services must provide you with a court order, but not all services decide to initiate legal proceedings.

Currently, in apartment buildings it is common practice to place meters on the staircase, and utility services may well suspend the supply of electricity.

Of course, if the debtor does not intend to pay the debt, then a penalty is also charged, which significantly increases the debt. And when the apartment is not privatized, there is even a risk of eviction. Of course, the debtor and his family members are not thrown out onto the street, but they are provided with housing no less in size in another part of the city.

Writing off utility debts is possible, but you should not believe all the advice offered on the Internet by pseudo-experts, since some of them are downright harmful and lead to negative consequences.

Consumer deception - poor quality service

The money that utility companies receive from us monthly, as they say, is also money in Africa, in contrast to utility services, whose quality equivalent is unstable.
In this case, people follow three diametrically opposed paths: some continue to live, pay and hope that everything will get better over time, others get down to business and write complaints demanding to solve the problem and compensate for losses, others simply stop paying and fall into the category of debtors. Obviously, the most correct way is the second one. If you immediately contact the management company or homeowners association when a problem arises and draw up a report, you will have the right to recalculate for the period during which the interruptions occurred and the quality of the service suffered.

What should apartment owners do?

To avoid falling into debt, apartment owners should know what to do in a situation where it is not possible to pay utility bills in full.

A number of categories of citizens are entitled to preferential rates, including:

• disabled people;
• veterans;
• pensioners;
• large families;
• doctors or teachers whose place of work is in rural areas.

If you do not have an official job, it is also worth contacting social services with a request to apply for a subsidy.

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We don't need other people's debts

Often, when buying an apartment, people are faced with a situation in which they are informed of a debt for housing and communal services from the previous homeowners.
Utility providers and management companies are literally taking new residents by the throat, demanding that they pay “overdue payments.” In this case, always look at the claim date. New apartment owners must be responsible only for their utility debts from the moment of state registration of ownership of the property (clause 5, part 2, article 153 of the Housing Code of the Russian Federation, clause 1, article 131 of the Civil Code of the Russian Federation, article 210 of the Civil Code of the Russian Federation). For all previous periods of residence, debt collection for housing and communal services must be carried out from previous residents. An exception is the requirement to repay the debt of the previous owner to pay contributions for major repairs (Part 3 of Article 158 of the Housing Code of the Russian Federation).

Advantages of contacting Legal Bureau No. 1

We employ competent specialists who know how to act competently in the current circumstances. Other important points:

• each request, regardless of the client’s status, is considered in detail;
• documentation is collected promptly;
• the debtor's prospects are assessed objectively.

Are you unable to repay your debts to creditors? Contact Legal Bureau No. 1 immediately! We will help you avoid debt bondage and provide assistance in resolving the most difficult issues.

Debt in enforcement proceedings

It often happens that enforcement proceedings are terminated for the simple reason that there is nothing to take from the debtor, he does not have any property, and all measures to find such property did not bring results.
The bailiff will confirm the citizen’s lack of funds by issuing a resolution according to which debts for housing and communal services will also be written off, but until the debtor has property or funds that can be foreclosed on. VAT – 2022

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Writing off debts for utilities: all the details!

According to statistics, the debt of Russians for housing and communal services in 2019 and the beginning of 2021 reached a record value of 1.3 trillion rubles! Officials note: the reason for the situation is the unreasonable and opaque tariffs of service providers, and the lack of a culture of resource consumption. The financial and legal illiteracy of the population leaves its mark, hence these shocking figures. But some obligations of citizens to management companies are sometimes actually recognized as unfounded, and residents do not have enough information about this, hence such debts.

In our article we will talk about the features and intricacies of writing off debts for utility services, outline the situations in which write-off is possible, and the conditions for executing the procedure.

How and when is it possible to write off debts for housing and communal services?

The legislation does not provide for debt write-off only at the request of the owner (tenant). But the rules have exceptions, and in this case it is advisable to outline the conditions for writing off debts for utility services.

The most common factors include:

• changes in legislation affecting certain categories of citizens;
• expiration of the statute of limitations;
• through bankruptcy;
• death of the owner;
• impossibility of execution of the decision.

Let us consider each case separately, identifying the features, specific mechanisms and accessibility.

Law 2020

Writing off debts for housing and communal services in 2021 is regulated by laws and regulations.

At the beginning of 2021, according to current legislation, it is permissible to write off service debts in several cases:

• The court declares an individual bankrupt.
• The management company missed the statute of limitations for debt collection.
• The organization providing utility services has been liquidated and (or) excluded from the Unified State Register of Legal Entities.
• Loss of the payer's ability to work as a result of an industrial accident, obtaining the status of a disabled person and other serious illness.

The return of the writ of execution by the bailiff and the closure of enforcement proceedings are considered methods of writing off debts for housing and communal services.

However, a case can only be closed in a number of cases:

• the debtor's complete lack of property and funds to repay the debt;
• the debtor is listed as missing;
• The bailiff service does not have information about the location of the debtor and his property that can be foreclosed on.

The presence of valid reasons should prompt a person to contact the management company with an official application for restructuring. Refusal by the Criminal Code is a reason to go to court. Courts make positive decisions in favor of the consumer. The main thing is timely contacting the authorities and the desire to assist them. Then you have a chance not only to write off part of the debt, but also to avoid the accrual of penalties in the form of penalties. Responsible authorities go to meet conscientious people halfway, even if they find themselves in a difficult life situation, and the debt for utility bills has already accumulated.

Expiration of the statute of limitations

Writing off housing and communal services debts based on the statute of limitations is the most common procedure. In the event of a debt, the Criminal Code acts on its own, and only then directly goes to court. As a result, the statute of limitations is missed. For this reason, claims after 3 years are declared invalid in court, which means they are not satisfied.

However, debt write-off is subject to several more significant conditions:

• an application in court to apply the statute of limitations - the court does not automatically recognize the fact of omission, so the applicant should immediately indicate the aspect;
• not to acknowledge or confirm the existence of a debt to the management company.

Confirmation of the fact of recognition of the amount of debt - agreement on debt recognition, application for deferment, restructuring agreement, partial payment of bills.

Write-off of debts after the statute of limitations has expired without legal proceedings is carried out in the following cases:

• death of the debtor, provided there is no heir;
• liquidation of the service provider - that is, liquidation of the management company.

Bankruptcy

Another option is to write off housing and communal services debts in bankruptcy. A citizen submits an application for declaring himself bankrupt to the arbitration court. This happens when the total debt on accounts reaches an amount of 500 thousand rubles, and the owner’s income does not allow him to pay debts on time and in full and make current payments.

Debts amounting to half a million rubles are rare, so the law understands the amount as different debts, but the rules are established uniformly. By the way, an additional condition was recently introduced - the delay in payment for services and other obligations exceeds 90 days. The debtor himself can submit an application to the court for recognition of the fact of insolvency. Creditors must be notified in writing of the start of the procedure. Otherwise, the debt, including penalties, will grow. Bankruptcy status has both its pros and cons.

Positive consequences of status:

• during the procedure, the amount of debt will not increase;
• as a result of obtaining the status, debt obligations are written off;
• there is no threat of administrative or criminal prosecution for failure to comply with a court decision to pay the debt;
• the housing remains in the possession of the debtor.

The negative consequences of bankruptcy are expressed as follows:

• the services of the arbitration manager, as well as procedural features, are paid by the debtor;
• control is established over the debtor’s income and family members;
• a ban is imposed on receiving loans and microloans;
• lack of the right to register as an entrepreneur (both as an individual entrepreneur and as a founder).

Death

The death of a debtor is a valid reason according to which housing and communal services debts are written off. Relatives are required to send a copy of the debtor’s death certificate to the Criminal Code. In addition to the Criminal Code, the second option is to send a copy to the RSO if a direct agreement was concluded. Sometimes the management company is not aware of the fact of death and continues the proceedings by filing an application with the court to recover funds. Having received a copy of the certificate, the court issues a special “Decree to terminate proceedings in connection with death.” The management company writes off the debt after receiving the Determination.

Impossibility of execution of the decision

Enforcement of the decision is impossible when the debtor has no money and property. In this case, the bailiffs make a decision to end the enforcement proceedings. But here it is necessary to collect documents and 100% prove the insolvency, otherwise the court decision will be made clearly not in favor of the debtor.

How to reduce rent payments

There are many options for reducing utility bills. Perhaps the main ones are savings in housing and utility services provided and their timely payment. The method is completely legal and does not cause unnecessary trouble. In the table below we list a few more truly suitable and effective methods:

Is it possible not to pay for utilities at all and what will happen?

You should not experiment and take on the role of a debtor. Depositing amounts on time will save your nerves and wallet. Are you experiencing difficulties? Contact the management company yourself and warn specialists about your difficult financial situation. As a rule, organizations also do not benefit from your delays, so they will meet you halfway and provide assistance.

It is impossible to present the amount of penalties for the period of the moratorium introduced by RF PP No. 424

The ban on collecting penalties and fines for late payments for housing and communal services was in effect from April 6, 2021 to January 1, 2021. It was introduced by Decree of the Government of the Russian Federation dated 04/02/2020 No. 424. The moratorium applied to consumers and persons managing houses: management entities, homeowners' associations and cooperatives.

On April 30, 2021, a review of the Supreme Court of the Russian Federation No. 2 appeared on the application of regulations related to the fight against coronavirus, including a moratorium on penalties due to citizens’ failure to pay utility bills:

1. The ban on penalties is valid until January 1, 2021 inclusive, therefore, the calculation of penalties begins on January 2.
2. For the entire period of the moratorium, no penalty can be charged or collected.

As Elena Shereshovets noted, it does not matter that the period of prohibition of RF PP No. 424 on penalties for debts has already ended: for late payments from April 6 to January 1, 2021, it will never be possible to present the amount of penalties to debtors.

The expert has compiled a rating of creative measures to combat debts for housing and communal services
4800

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Documents to confirm that the debt is uncollectible

In order to write off, you must confirm:

1. Date of formation of the written-off debt (see resolutions of the Federal Antimonopoly Service of the West Siberian District dated June 15, 2011 No. A27-12499/2010, No. A27-18504/2009 dated April 22, 2010, No. A56-54758/2007 of the Federal Antimonopoly Service of the Northwestern District dated June 11, 2008 ). Typically the following documents serve as confirmation:

• contracts;
• invoices for payment;
• invoices;
• invoices for goods, acceptance certificates for work or services.

One agreement is not enough for these purposes (see letter of the Federal Tax Service dated December 6, 2010 No. ШС-37-3/16955);

1. The fact that at the time of writing off the debt has not been repaid. Here you will need (clause 77 of the Regulations on accounting and financial reporting in the Russian Federation, approved by order of the Ministry of Finance of the Russian Federation dated July 29, 1998 No. 34n, letter of the Federal Tax Service of Russia for Moscow dated April 13, 2011 No. 16-15 / [email protected] , determination of the Supreme Arbitration Court of the Russian Federation dated October 9, 2012 No. VAS-5055/12, resolution of the Federal Antimonopoly Service of the West Siberian District dated June 15, 2011 No. A27-12499/2010, Federal Antimonopoly Service of the Ural District dated July 8, 2010 No. F09-5115/10-S3, etc.) :

• debt inventory act at the end of the tax period (INV-17);
• manager's order to write off a bad debt;
• documents confirming its formation (agreement, reconciliation act, primary documents).

However, in some cases, arbitrators may consider writing off a debt justified only on the basis of a reconciliation report and an agreement on the procedure for repaying the debt, in the absence of an agreement and primary documents (Resolution of the Federal Antimonopoly Service of the Central District dated August 26, 2011 No. A64-3070/2010).

To ensure timely control over receivables and payables, many companies are developing debt write-off provisions.

Read about the nuances of drawing up this document here.