Does the property management company have the right to cut off water and electricity and not pay property fees?

The property company is not the main body of the water supply and power supply contract and does not enjoy the right of water supply and power supply.

It is stipulated in the property management contract that when the owner fails to pay the property fee, the property management company can take water and electricity cuts as a punishment, which belongs to other clauses in the contract law. According to the principle of relativity of contract, this clause should be agreed by the obligee. Otherwise, it is an invalid clause, and the owner can turn to investigate the tort liability of the property management company.

In this case, if the property company cuts off water and electricity without authorization, causing losses to the water supply and power supply company, the water supply and power supply company can also claim compensation from the property company.

Legal basis: According to Article 176 of People's Republic of China (PRC) Contract Law, a power supply contract is a contract in which the power supplier supplies power to the user and the user pays the electricity fee.

Extended data:

The owner and the property management company are equal civil subjects, and both parties shall perform their respective obligations in accordance with the contract. If either party breaches the contract, it shall bear corresponding liabilities for breach of contract. If the owner fails to pay the property fee in time, he shall bear legal responsibility. Property companies have the right to require owners to pay property fees and bear certain liquidated damages.

But the property company has no right to take measures to cut off water and electricity. According to Article 45 of the Property Management Regulations, water supply, power supply, gas supply, heating, communication, cable TV and other units within the property management area shall charge relevant fees to the end users. If the owner signs a contract with the water supply and power supply company and pays the corresponding fees to the water supply and power supply company, the water supply and power supply company shall supply water and power.

Baidu Encyclopedia-People's Republic of China (PRC) Contract Law