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What should I do as a tenant to collect property fees when water and electricity are cut off?
Based on the consideration of protecting the public interests of the community, the property management company shall not stop water supply, power supply or community public services without authorization because of the owner's arrears. Property service contract and water supply and power supply contract are two independent contracts, involving different parties. The opposite party to the water supply and power supply contract of the community owner is the water supply company and the power supply company.
2. According to the principle of consistency of rights and obligations, hydropower users have the obligation to pay utilities, and water supply and power supply companies have the obligation to supply water and power in accordance with the agreement. In other words, water users have the right to demand water supply and power supply, and water supply and power supply companies have the right to charge corresponding utilities. According to the principle of exercising the right of defense in the performance of the bilateral contract, the water supply and power supply company may refuse to perform the obligation of water supply and power supply if the water user fails to perform the obligation of paying utilities, that is, the water supply and power supply company has the right to stop water supply and power supply at this time. It can be seen that the right holders who have the right to cut off water and electricity are water supply companies and power supply companies rather than property management companies.
3. In the property service contract, it is unreasonable for both parties to agree to give the property management enterprise the right to stop water and power supply if the owner does not pay the property service fee, because this agreement violates the rights of the water supply and power supply party. In contract law, this is a contract clause involving others, and this clause must be approved by a third party, that is, the water supply and power supply party, otherwise it will be invalid. Moreover, because the obligation of water supply and power supply corresponds to the obligation of paying water and electricity charges, even if the water supply and power supply company authorizes the property management company to collect water and electricity charges on its behalf, and water and electricity can be cut off as a means of charging, the property management company cannot demand to pay the property service fee by cutting off water and electricity, because water supply and power supply are not services provided by the property management company, and the scope of authorization it obtains from the water supply and power supply company is limited.
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