Is it legal to cut off electricity for non-payment of rent?

Many people (especially unscrupulous utility payers) are interested in what is the procedure for shutting off electricity in compliance with the law in 2021. Can they leave without electricity without warning in advance? What are the grounds for turning off electricity if minor children live in the house? To answer all these questions, it is necessary to refer to the law governing the relationship between the apartment owner and service providers, which in our case will be housing and communal services, a management company, a housing association, energy sales, etc.

The main legislative act in this situation is, of course, Resolution No. 354, which was adopted by the Government of the Russian Federation in 2011 with amendments made to it. Also, the rules for the provision of utility services are prescribed in Resolution No. 307. But still, the main law that you need to focus on is Resolution No. 442. It does not develop rules in general terms for all utilities, but specifically for electricity supply. Currently, the total debt to housing and communal services employees is approximately 900 billion.

Almost a third of this amount is owed by ordinary citizens, the rest is on the conscience of legal entities and organizations. Accordingly, various methods of punishment are applied to defaulters in order to achieve fulfillment of their obligations. The law allows employees of organizations providing electricity supply to apartments to turn off the lights if there are late payments. But here the procedure for turning off the power must be followed, otherwise the law will define this action as a violation. And this is already a reason for you to complain where you should and demand compensation for moral damage.

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Informing the consumer

In 2021, not a single person can imagine life without electricity. What can we say about large and small enterprises where all work will stop without electricity supply. And if an ordinary person may simply be inconvenient, then organizations will suffer a major loss. That is why the law establishes rules for informing consumers and determines the procedure for turning off the lights, violation of which is not permissible. According to the Civil Code, turning off electricity, even for non-payment, is impossible if an accident may occur as a result. The consumer must be previously acquainted with the intentions of the energy sales staff. Notification occurs by means of a written notification (for which you need to sign) or by registered mail (via mail with a return receipt). Other methods will be considered invalid according to the 2021 law.

The debtor will receive such a notice if he does not pay for electricity for two full months, and further in the direction of increasing the debt. Once you have been made aware of your debt, you are given 20 days to get rid of the non-payment.

During this time, the electricity supplier may partially limit the supply of electricity. If you are not going to eliminate the non-payment, you will receive another warning, in the same order as the first. But then, after 3 days you will be left without electricity. The meter is sealed by energy sales specialists until the debt is fully repaid. If you are unable to pay off the entire amount at once, contact your home's electricity supplier for an installment plan. In general, you can find a civilized way out of any current situation. Especially if you have the opportunity to consult with competent lawyers at hand. You can do this on our website without financial costs.

How does the light turn off for non-payment according to the law?

The relationship between residents and the service provider is based on a contractual principle, where in addition to the rights of the parties, responsibilities are also prescribed. The consumer's primary responsibility is to pay on time. In turn, suppliers reserve the right to perform actions to disconnect electricity. The existing procedure is enshrined in Resolution No. 442[1]. It consists of the following:

the debtor is sent a notice of non-payment with an offer to repay it voluntarily. Also, the resulting amount must be indicated in the monthly invoice for payment. The notice provides 20 days to pay the debt;
in the event of no payment, after the specified period, the power engineers are obliged to issue a warning against the tenant’s signature that within three days the supply of electricity will be limited;
The third stage of work consists of partially de-energizing the apartment from the networks. But only if there is a technical possibility for this. In its absence, the supply of electricity is completely interrupted to the entire home.

All work is aimed at interaction with the tenant and cutting off power to the home without warning is unacceptable. Such actions may be regarded as arbitrariness of the energy supply company.

Dealing with a particular debtor should not harm other consumers. When cut off from networks, power engineers must pay attention to the common property of the Moscow Railway and act taking into account the interests of all residents in the house.

Reasons for disconnection

The second appendix 442 of the resolution clearly sets out for us the grounds that, according to the law, are the reason for a complete or partial shutdown of electricity:

the agreement that was concluded between the energy sales company and the consumer;
failure by the consumer to fulfill his obligations (for non-payment, for lack of agreement on the supply of electricity, for illegal connection to the power line);
by order of Rospotrebnadzor (if it is determined that the power-receiving equipment does not meet safety standards);
as a result of eliminating emergency situations - in this case, the lights are turned off without prior notice. The most that can be expected is announcements in the media immediately before the shutdown or even after;
Carrying out scheduled maintenance or repair work at electrical utility facilities (according to the law, this procedure must be planned in advance and cannot be more than 72 hours per year and no more than 24 hours at a time).

These are the main reasons for legal shutdown of electricity, both for legal entities and individuals.

Otherwise, leaving you without light is punishable by law. You have the right to file a complaint. In this case, it is necessary to draw up an act on illegal power outage.

Power cut off for non-payment

If your electricity was turned off for debts, the electricity will be reconnected immediately after they are repaid. A representative of the electricity supplier must make the connection within two days from the date of payment of the debt. The cost of reconnection is borne by the consumer. The payment amount is within a thousand rubles.

Particular attention should be paid to Resolution No. 624, which was adopted by the Russian government in May 2021 and came into force in October. It talks about changing the rules for shutting off electricity for non-payment.

Structure of the act and notification

According to Resolution 442, the service provider in 2021, at the time of a power outage, must draw up a report on this action. It's called the Electricity Shutdown Act. There is no fixed mandatory form for this document; it is drawn up at the discretion of the authority responsible for depriving you of light.

But still, there are certain requirements for filling it out. The act must contain:

what kind of shutdown will be performed (partial or complete);
time and day of the actions performed;
the name of the consumer (his personal account, the address at which the disconnection is carried out);
description of the entire range of activities carried out by the service provider;
number of the electricity consumption meter;
recorded meter readings;
in case of incomplete shutdown, its input level;
the reasons for which the whole procedure was started;
if the shutdown was not carried out for some reason, these same reasons are also indicated.

If you have lost electricity for non-payment, a similar document also applies. The act is drawn up in three pieces, which are signed by both the electricity supplier and the consumer. If this document is not drawn up at all or is drawn up with errors, turning off the power will be illegal. And this is already a reason for you to write complaints and demand compensation for damage.

You also need to know what the notification should contain that you will be left without power for some time:

the name of the consumer (his personal account, the address at which the disconnection is carried out);
the reasons for which the whole procedure was started;
the approximate period that the user will live without light;
supplier's signature and details.

If electricity is deprived for non-payment, the amount of debt and methods of repayment must be stated.

Restriction of energy supply due to violation of the procedure for paying for electricity

In accordance with the current legislation, in relation to consumers who have violated their obligations to pay for electric energy, it is provided for the introduction of complete and (or) partial restrictions on the mode of consumption of electric energy.

In relation to consumers of utility services for electricity supply in accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354* (hereinafter referred to as the Rules):

In accordance with subparagraph “a” of paragraph 117* of the Rules, a restriction or suspension of the provision of utility services for electricity supply is introduced in the event of incomplete payment by the consumer for the utility service. The consumer is notified in advance of the restriction or suspension of the provision of such utility services.

Underpayment by a consumer of a utility service is understood to mean that the consumer has a debt to pay for 1 utility service in an amount exceeding the sum of 2 monthly fees for a utility service, calculated on the basis of the utility service consumption standard, regardless of the presence or absence of an individual or common (apartment) meter and tariff (price) for the corresponding type of utility resource, valid on the day of restriction of the provision of utility services, provided that there is no debt repayment agreement concluded between the consumer-debtor and the contractor and (or) if the consumer-debtor fails to comply with the terms of such an agreement.

In accordance with paragraph 120 of the Rules for restricting or suspending the provision of utility services for electricity supply, the provision of utility services is resumed within 2 calendar days from the date the reasons specified in subparagraphs “a”, “b” and “e” of paragraph 115 and paragraph 117 of these Rules are eliminated, full repayment of the debt and payment of the contractor’s expenses for introducing restrictions, suspension and resumption of the provision of utility services in the manner and amount established by the Government of the Russian Federation, or the conclusion of an agreement on the procedure for repayment of the debt and payment of these expenses, if the contractor has not decided to resume the provision of utility services with an earlier moment.

In accordance with paragraph 121(1) of the Rules for restricting or suspending the provision of utility services for electricity supply, the contractor’s expenses associated with the introduction of restrictions, suspension and resumption of the provision of utility services to the debtor consumer are subject to reimbursement at the expense of the consumer in respect of whom these actions were carried out in the amount not exceeding 3 thousand rubles in total.

The full procedure for limiting or suspending the provision of utility services can be found in Section XI of the Rules.

*In accordance with clause 1 of the Decree of the Government of the Russian Federation dated 04/02/2020 No. 424 “On the specifics of providing utility services to owners and users of premises in apartment buildings and residential buildings”, the validity of subparagraph “a” of paragraph 117, paragraph 119 is suspended until January 1, 2021 Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”

In relation to legal entities and other consumers supplied with electricity in accordance with the Basic provisions for the functioning of retail electricity markets, approved by Decree of the Russian Government of May 4, 2012 No. 442:

In accordance with paragraph two of subparagraph “b” of paragraph 2 and subparagraph “b” of paragraph 4 of the Rules for complete and (or) partial limitation of the mode of consumption of electrical energy, approved by Decree of the Government of the Russian Federation of May 4, 2012 No. 442 (hereinafter referred to as the Rules) in in the event that non-fulfillment or improper fulfillment of obligations to pay for electric energy (power) led to the formation of a debt to the guaranteeing supplier, energy sales, energy supply organization under the main obligation arising from the energy supply agreement (purchase and sale (supply) of electric energy (power)), including including the obligation to pre-pay for electrical energy (capacity), the guaranteeing supplier, energy sales, energy supply organization has the right to initiate the introduction of restrictions on the mode of consumption of electrical energy.

Procedure for restoring power supply

If a citizen’s electricity was turned off due to debts on utility bills, then in 2021 the situation can be corrected. It is enough to contact the management company and find out about the procedure for restoring the power supply.

The solution to the problem can be achieved as follows:

full repayment of the debt to the management company or registration of subsidies to help pay off the debt;
registration of installment plans and signing of a notice of payment in this way;
submission by the citizen who has repaid the debt of an application to the management company;
drawing up an act on the provision of electricity to a person who has paid the debt in full;
waiting for the return of power supply within 24 hours from the moment the application is accepted.

Thus, the management company meets the citizens halfway. In difficult financial situations, there is always a way out and an alternative way to repay the entire amount of rent.

Schools and hospitals will be cut off from electricity due to debts

However, it would be naive to believe that as soon as the energy sector receives a new mechanism for influencing defaulters, the situation with debts will begin to improve. Here's a recent example. Recently, utility workers in the Oryol region warned that once the new resolution comes into force, they will be ready to shut down 28 schools for non-payment. Governor Vadim Potomsky immediately banned the shutdown.

The problem of growing debt of non-disconnected consumers has existed for many years. Moreover, the issue is so acute that back in 2021, President Vladimir Putin demanded that the government take measures to restore payment discipline. However, in fact, nothing has been done since then. If in 2021 the Ministry of Construction estimated the total debt on utility bills at 380 billion rubles, then by the middle of this year the figure had already risen to 1.3 trillion rubles.

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Is it legal to cut off electricity for debt?

An interesting thing turns out - every tenant is obliged to pay for utilities on a monthly basis, but only has the right to receive benefits and subsidies provided by the state. In most cases, you have to prove your rights in court. For example, there is a benefit for large families - a 50% discount on utility bills. It is given by the government of the Russian Federation, and local government considers this benefit in its own way. To receive it, you first need to pay the bill. And the amounts often locally do not cover the real 50%, because fixed payments are provided for each family member.

If there is arrears in paying for electricity, there are other possible levers of influence on a willful defaulter - turning off the electricity. If there is a common meter in a communal apartment, where some of the residents regularly pay for the energy consumed, they cannot turn it off, because not only debtors, but conscientious payers will suffer from this action.

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Shutting off electricity to debtors for non-payment

a) A fine of up to 80,000 rubles (or six months’ salary) or forced labor from 180 to 200 hours. Either the work can last from one to two years, or arrest from three to six months is applied.

Disabling the service can be done by mutual agreement of the parties.
In case of violation of contractual obligations by the electricity consumer: if the consumer does not pay for the service;
electricity theft;
illegal connection, which in essence amounts to theft.
Enforcement measures are applied to the consumer when the contract defines the payment procedure and specifies the date of payment for services. Despite the obligations, the consumer has incurred a debt and in order to somehow resolve the problem, the supplier issues an advance payment in the invoice in the form of an advance payment. If the matter does not move forward, that is, neither the main payment nor the advance payment is paid at all or is paid at the wrong time, a disconnection from the power grid may be applied. However, the consumer cannot simply cut the wire - he must be warned ten days before the specified date.

During the inspection, Rostekhnadzor recognized the condition of the meter, electrical distribution board, and wires as unsatisfactory. In this case, only a representative of the designated organization can disconnect the consumer. More precisely, Rostekhnadzor makes a decision, and the organization distributing electricity warns about the deadline.

In the event of an emergency, no one will warn anyone. This is an emergency situation and the law cannot regulate when the accident will be eliminated. Accordingly, no one can predict in advance when this will happen.

The rules for the provision of utility services state that the Contractor may suspend services to the Customer without notice if there are certain reasons:

there is a threat of an accident at an electrical facility (power lines, substation, etc.) or hazardous work is being carried out related to gas and water pipelines;

A natural disaster is expected, and work is also underway to restore power supply after natural disasters. There is an emergency reservation for the manufacturer. The load value for this armor is indicated in a special act. Even in the event of an accident, it is impossible to completely disconnect a consumer with a reservation.

Scheduled repairs of electrical facilities. Here the contract must stipulate how many times a year the electricity can be turned off. These rules regulate restrictions or complete shutdowns for private consumers and legal entities. We are more concerned about the consequences of non-payment.

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