What is the basis for the property to collect water and electricity charges? Can the owner cut off water and electricity without paying the property fee?

In real life, the power company or water supply company will entrust the property to collect water and electricity charges, so what is the basis for the property to collect water and electricity charges? Can the owner cut off water and electricity without paying the property fee? What are the legal provisions on the basis of collecting water and electricity charges for property? Below, I sorted out the legal knowledge about the basis of collecting water and electricity charges for property for your reference.

What is the basis for the property to collect water and electricity charges? Can the owner cut off water and electricity without paying the property fee?

The law does not prohibit property service enterprises from accepting the entrustment of water supply and power supply units to collect utilities and other fees, but property service providers may not urge to pay property fees by stopping power supply, water supply, heating and gas supply.

The new civil code came into effect on 202 1, 1, when the clauses that contradict the civil code will be invalid and replaced by the new judicial interpretation.

Article 944 of the Civil Code (implemented since 202 1. 1) the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

1. What is the basis for the property to collect water and electricity charges?

Article 19 of the Property Management Regulations stipulates that in the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. The realty service enterprise shall not charge additional fees such as handling fees to the owners if it accepts the entrusted collection fees. As can be seen from the content of this article, the law does not prohibit property service enterprises from accepting water supply and power supply and other units to collect utilities and other fees on their behalf.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners. According to this regulation, property service enterprises have no right to collect water and electricity charges unless they are entrusted by the relevant units to collect relevant fees. If the realty service enterprise has an entrustment contract with the relevant units to collect the water and electricity fees, then the owners should actively cooperate and pay the relevant fees according to the prescribed standards. The realty service enterprise shall not charge additional fees such as handling fees to the owners when collecting utilities.

Second, can owners cut off water and electricity without paying property fees?

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. 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.

Based on the above introduction, the property can collect utilities according to law, but it can't cut off water and electricity. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge on which the property charges utilities.