The Supreme court allowed to recover moral damages for improperly rendered services, utilities

© RIA Novosti / Alexei Codecoverage in Photobacterium court. Archival photoThe Supreme court allowed to recover moral damages for improperly rendered services, utilities© RIA Novosti / Alexei Codiscovered the image Bank

The Plenum of the Supreme court on Tuesday affirmed the right to compensation in court for moral damages for the bad quality of public services or significant interruptions in electricity and water supply. Thus the high court pointed out that residents can not be exempted from paying for services they don’t use, like a lift.

The lack of agreement between the tenant and the management company also does not relieve him from responsibility for payment of utilities, said the court. The plenary was reminded that the control of the company when setting of tariffs should respect the principles of reasonableness and is not entitled to arbitrarily raise prices for services.

The question of the moral harm

The Supreme court noted that tenants have the right not only to claim damages when poor-quality provision of public services, but also to recover moral damages for bad work UK.

«In case of granting to the consumer of utilities of inadequate quality or with the breaks exceeding established duration (for example, if the perpetrator after the conclusion of a contract containing a provision for utilities, had not commenced provision of public services; if the parameters of voltage and frequency in the electrical network in the premises of the consumer do not meet the requirements established by law, etc.), the consumer is entitled to require the person responsible for the failure of the services or violation of the continuity and the quality of public services, damages, penalty, compensation of moral harm and the penalty,» — the document says.

The court notes that in such a situation, owners and tenants can also reduce the cost of utilities, up to full exemption from payment. In addition, they may qualify for a change in the payment amount for maintenance of the dwelling, indicates the armed forces.

The court confirmed that the tenants for evidence of low service quality or fact of interruptions in the supply of light or water can use audio and video recording of witness testimony or expert opinions. «The absence of guilt in the provision of services of inadequate quality or with a break it is proved by the executor of communal services», — added in the document.

Lift fee mandatory

The court noted that tenants are not exempt from the payment of the maintenance of the common property of the house if they do not use it. For example, the first floor tenants often refuse to pay for the repair and maintenance of lift. In this judgment indicates that the Elevator has to pay all the neighbors.

«Tenants and owners are required to pay for the maintenance and repair of common property in an apartment house irrespective of the fact of use of common property, for example, a lift», — the document says.

Sun recalls that the payment for housing and communal services for the owner shall also include the fee for major repairs.

«The maintenance of common property in an apartment house should understand the complex of works and services aimed on maintaining the property in a condition that ensures compliance with the reliability performance and security of an apartment building, safety for life and health of citizens, safety of their property, the accessibility of its residential and (or) non-residential premises, the common areas, as well as land on which is situated an apartment building, the constant readiness of engineering communications, metering devices and other equipment forming part of the common property, to provide public services,» explains court.

Sun also explained that the absence of a written contract with the owner of the apartment with the management company does not relieve him from payment for the maintenance of common property.

Reasonable limits in the tariffs

Management companies have no right to arbitrarily and unilaterally to increase the cost of housing and communal services, prices for maintenance and repair of the common property tenants must be reasonable, the Plenum decided.

«When resolving disputes related to payment for maintenance and repair of common property in an apartment house, services and works on management of such a house, be aware that approved by the General meeting of owners the amount of such payment cannot be set arbitrarily, should ensure the maintenance of common property in an apartment house in accordance with legislative requirements and to meet the requirements of reasonableness. The management organization is not entitled to unilaterally change the procedure for determining the amount of payment for maintenance of the dwelling and to charge a fee for maintenance of the dwelling in excess of the amount of such payment determined in accordance with the contract management of an apartment house», — the document says.

Sun explained that if the court canceled established by the General meeting the fee for maintenance of the dwelling, the challenged tariff ceases to operate, and the cost of services subject to recalculation at the previous rate.

«The decision of the General meeting of owners of premises in an apartment house on approval of the essential terms of the contract of management of an apartment house on the procedure for determining the amount of payments for the maintenance of premises in an apartment house, declared invalid by a court decision, did not apply. In this case, payment for the maintenance of the dwelling subject to recalculation on the basis of the procedure for determining the amount of payment determined in accordance with the terms of the contract of management of an apartment house, valid until a court invalidated this decision of the General meeting», — stated in the decision of the plenary.

The Plenum of the RF Supreme courts explain the specifics of consideration of cases of a certain category, these clarifications are of Advisory nature.

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