Legal basis of water and electricity cut-off

The legal basis of water and electricity cut-off includes Property Management Regulations, Civil Code, Administrative Enforcement Law, Working Rules for Administrative Adjudication of Urban House Demolition, etc.

The property has no right to cut off water and electricity for the owner.

According to 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. The realty service enterprise shall not charge additional fees such as handling fees to the owners if it accepts the entrusted collection of money. The water supply and power supply company may entrust the property company to collect water and electricity charges, but the property has no right to cut off water and electricity.

Property companies have no right to cut off water and electricity. Because the owner did not pay the property service fee on time, it violated the property service contract signed with the property company. As a property company, we should urge the owners who have breached the contract to pay compensation according to the contract or solve it through legal channels. The law does not give property companies the right to cut off water and electricity.

legal ground

"Administrative Enforcement Law" Article 61 If an administrative organ implements administrative enforcement under any of the following circumstances, the administrative organ at a higher level or the relevant department shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(a) there is no basis for laws and regulations;

(two) change the object, conditions and methods of administrative coercion.

(three) the implementation of administrative enforcement in violation of legal procedures;

(four) in violation of the provisions of this law, the implementation of administrative coercion at night or legal holidays;

(five) to stop water supply, power supply, heating, gas supply and other ways to force the parties to fulfill the relevant administrative decisions;

(six) there are other cases of illegal implementation of administrative compulsory acts.

Article 24 of the Working Rules for Administrative Adjudication of Urban House Demolition, if the demolisher and the entrusted demolishing unit use intimidation, coercion, water supply, power failure, gas supply, heating and other means to force the demolished person to move or organize forced demolition without authorization, the local city and county house demolition management department shall order it to stop the demolition and punish it according to law; Those who violate the criminal law shall be investigated for criminal responsibility according to law.

"Property Management Regulations" Article 44 In the property management area, water supply, power supply, gas supply, heating, communication, cable television and other units shall charge relevant fees to the end users. 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.

Article 944 of the Civil Law, 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.