The experts answered to the questions.
The first supply of advice on the subject of housing and communal services has caused the big resonance among readers. Therefore, this edition of the project we will dedicate to answer the most common questions that are sent to the editor.
“News” continues a new special, where we each week, together with the lawyers will talk about what each of us has the right in a given situation, to analyze specific cases and to give advice. But if you have any questions, you can always ask them by mail: vesti@vesti.ua. Today we continue the theme of housing.
Anna Sabita:
“Good afternoon, prompt how correctly to take out the garbage? Addressed to the housing office, was a failure, registered in the apartment two people, but in fact neither mom nor I don’t live there!? Was the head of the housing Department, asked to write a statement that nobody is home. Refused rudely, saying, we have such a service not provided. Thanks in advance for the answer!”
Meet the experts on housing and communal services Alexander Klyus and Yuri Belous:
“This abuse by housing Department. You will need to submit there documents in two copies. On the second necessarily need a mark of office that you have received and filed this appeal. That is the rule of administration and it functions for any enterprise. If you do not take in the office — call the police immediately. If does not help — to submit an application valuable letter in the mail. It’s the same if you brought a statement and personally handed in your hands. You have carried out the recalculation, two conditions are necessary: absence of debts on payment of utilities and the proof of your absence (business trip, vacation, treatment, transfer). The first step is to write a letter asking them not to count the rent for the service of the house and local area, indicate where and in what period. Are required to satisfy, and if not — can complain to the KSCA or sue”.
Galina Kovalev, Kiev:
“In our house in the apartments were originally installed by the towel. But due to frequent outages of hot water many, including me, cut them out, and installed electric. Now I have to change the tariff for hot water from 83.6 UAH/cubic m (with towel rail) 76 UAH/cubic m (in his absence)? Especially this summer, it seems, in Kiev the hot water is not at all”.
Responsible independent consultant Marina Kalinina:
“You need to contact the housing office or the management company or the Board of condominiums and to make the act that the towel rail was missing. Then a copy of the act, a statement to submit to “Kyivenergo” with the appeal below was calculated on a different tariff in connection with its absence”.
Sergey:
“Good day, dear editors! Are your regular reader. And thank you for what you have and not broken… a question for the lawyer: what is the procedure that allows to refuse use of the Elevator for the tenant of the 3rd floor? So many years paying for a service which is not in use. However, the service is included in the rent…”
Meet the experts on housing and communal services Alexander Klyus and Yuri Belous:
“In multi-storey buildings with lift lift is a common indivisible property owners. And, according to the resolution No. 529 of the Cabinet, all apartment owners, except the apartments on the 1st floor, are obliged to maintain the lift and to pay for its maintenance. The formula for calculating the maintenance cost of elevators is such a component: “the total gross area of apartments and non-residential premises in residential houses (excluding apartments and non-residential premises of the first floor)”. The owners do not pay for the use of the lift and pay for its maintenance.
However, we have freedom of contract — a person cannot impose services that are not necessary. Therefore, some residents individually took charge for the Elevator. This is long but feasible procedure.
For this you need to contact the owner of the house (housing office or condominium) with the appropriate application, it is desirable to attach thereto the signatures of neighbors who can confirm that the tenant indeed does not use the Elevator. Attach the documents on right of ownership of the apartment. And in the statement write “please exclude from the list of services charges for the use and operation of, as I’m not physically in need of this service”.
In addition, we note that in the framework of condominiums to solve the problem by another way: to upgrade the Elevator so that was a paid trip for yourself and not the contents of the lift as it is prescribed in the tariff. For example, to install the equipment and to introduce a card, similar to telephone tokens. Then those who does not use the Elevator will not pay for it”.
Tatyana S., Kiev:
“Recently, we have apartment on the 5th floor practically disappeared the water is a very small pressure, in which it is impossible even to wash. We explained that it was because of the new buildings, which are connected to our pump. In Zheke shrug and say that I can’t help you. What you can do in this situation, to complain?”
Meet the experts on housing and communal services Alexander Klyus and Yuri Belous:
“You should make a complaint together with the two neighbors to capture on photo and video fact of poor quality of service, with the date to submit the paper through the office in the housing office. They’re obliged to count charges in accordance with the volume of water supply. If within three days the claim may be deemed satisfied. Don’t have to pay until you recalculate. To apply the act to be only through the office, then to have the opportunity to defend themselves in court, submitting a claim for the revision of the amount or in the case that the housing office you will put forward counter-claims for debt and nonpayment.
If the recalculation does not suit you and you want to eliminate the problem, all the tenants of the floors, which do not reach to the water, should write a complaint describing the problem. If residents have an individual contract with the “Kyivvodocanal”, the Declaration shall be submitted to the organization, if there is no agreement in the housing office through the office. They have to determine what actually happened, and if you do not work the pumps, required to fix them. In case of inactivity of the public utilities Kyiv residents can call and complain to the hot line 1551″.
N. Ageev, Kiev:
“I’m a veteran of military service. My question is: “What are mandated benefits for me and my wife at the current time for the payment of electricity? I live in an apartment building in Kiev. Thank you for your advice”.
Meet the experts on housing and communal services Alexander Klyus and Yuri Belous:
“First you need to specify the status of the veteran, and later to refer to the Law of Ukraine (from 24 March 1998 No. 203/98-VR) “On status of veterans of military service, veterans of internal Affairs agencies, veterans of the National police and other persons and their social protection”. Article 6 of the act, in particular, provides a 50 percent discount fees for the use of housing (rent) and utility services (water, gas, electric, heat energy and other services), as well as the use of telephone veterans of military service and veterans of internal Affairs agencies, veterans of the National police, tax police, State fire protection, State criminal-Executive service of Ukraine, veterans of service of civil protection and members of their families living together with them.
First of all you should make a copy of the document, which certifies your veteran status or status of the participant of military actions, to assure her legally. Then write a letter asking to consider the position benefits when calculating fees for electricity and to provide it in the “Kyivenergo”. If you have any doubts, you can always contact the local authorities or the center for free legal aid on the Internet on the website of the Ministry of justice has a list with addresses and contacts”.
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