Does the property have the right to cut off water and electricity?

Property companies have no right to take measures to cut off water and electricity.

1 According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heat supply, communication, cable TV and other units within the property management area shall charge relevant fees to the end users.

2. On the other hand, the parties to a water supply and power supply contract are the owner and the water supply and power supply company; The parties to a property management contract are the owner and the property management company, which have different legal relations. The right to stop water and power supply is an important defense right for water supply and power supply enterprises to perform contracts. The property management company is not a water supply and power supply company in the community, so it naturally does not enjoy the right of water supply and power supply.

3. In the property management contract, it is stipulated that the property management company can take water and electricity cuts as a means of punishment when the owner owes money. In contract law, it belongs to other contract terms. According to the law, such terms should be agreed by creditors. Otherwise, it is an invalid clause, and the owner may require the property management company to bear the liability for tort damages.

Extended data:

With the deepening of China's urban housing system reform, the ownership structure of housing has undergone major changes, and public housing has gradually changed into individual ownership. The relationship between the original public housing managers and tenants has gradually evolved into the relationship between property management enterprises and housing owners.

In the process of housing system reform and urban construction and development, a new industry of property management came into being. The number of property management enterprises in China has increased rapidly. Its appearance and development have played a positive role in improving people's living and working environment, improving the level of urban management and expanding employment. There are also some problems that need to be solved through legislation and improvement of the system.

References:

Baidu Encyclopedia-Property Management Regulations