What is the civil liability for the dispute between the property and the owner over water supply and power failure?

The civil liability of the property and the owner for providing compensation to the owner due to disputes over water supply and power failure. The two of them are in different legal houses in Ivy Ho. If the owner doesn't pay the property fee and uses water and electricity cuts as a punishment, he needs to get the consent of the obligee.

1. What is the civil liability for the dispute between the property and the owner over water supply and power failure?

It is illegal for a property management company to cut off power and water without authorization. Public service is compulsory. As long as there is no arrears, even power supply companies and water supply companies have no right to stop supplying, and property management companies have no right to do so. The parties to the water supply contract are the owner and the water supply company; The parties to a realty service contract are the owner and the realty service enterprise, and they have different legal relations. The right to stop water and power supply is an important defense right for water supply and power supply companies to perform contracts. The property service company is not the main body of the water supply and power supply contract, and naturally does not enjoy the right to water supply and power supply. However, it should be noted that even if the property has the right to cut off water and electricity, it is not because of the right, but because of authorization.

As stipulated in the property service contract, when the owner fails to pay the property fee, the property service enterprise can take water supply and power outage as punishment means, which belongs to other clauses. According to the relativity principle of the contract, this clause should be agreed by the obligee, otherwise it is an invalid clause, and the owner can investigate the tort liability of the property service enterprise instead.

In fact, the owner can implement water and power cuts, which are usually divided into the following situations:

1. If the owner fails to pay the utilities, the property management company will cut off the water and electricity for the owner's residence.

2. In case of catastrophic accidents, such as natural disasters or waterway maintenance.

3, according to the relevant administrative orders or the notice of the water supply and power supply department.

Second, is it reasonable not to pay property fees when water and electricity are cut off?

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, within the property management area, water supply, power supply and other units 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. The property company is not a party to the water supply and power supply contract and has no right to interrupt the water supply and power supply to the owner without authorization.

The owner's behavior of stopping water and power supply needs the consent of the parties concerned. According to the actual situation, if the behavior of stopping water and electricity without reason requires the owner to bear the liability for compensation, both the owner and the user of the property shall perform their due obligations in accordance with the contract. If the owner fails to pay the property fee in time, he shall bear legal responsibility.