Can the property be cut off from water and electricity

Under no circumstances can the water and electricity supply be cut off. Because the property company's water and electricity cuts are inconsistent with its own identity, it not only infringes on the rights of residents to use water and electricity, but also infringes on the legitimate rights of water supply and power supply parties. According to the principle of equal rights and responsibilities, residents are obliged to pay water and electricity charges, while water and electricity suppliers are obliged to supply water and electricity according to the contract. If the water and electricity users don't pay, the water and electricity suppliers can of course cut off the water and electricity. On the surface, the property company is entrusted by the water supplier to collect water and electricity from the residents, and of course it can also cut off the water and electricity of the residents on behalf of the water supplier. Actually, it is not. The right to cut off water and electricity is an important contract performance defense right of water suppliers, which cannot be easily transferred by "entrusted charge". Under normal circumstances, the party that has the right to cut off water and electricity can only be the water supplier, not the property management company.

Legal basis:

Article 944 of the Civil Code of People's Republic of China (PRC), 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.

Derivative problem:

Can the electricity be cut off if the shops owe electricity?

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. Under the premise that electricity users and individuals are in arrears, the power bureau can cut off power only if the power company still owes money after urging, and no other unit or individual may cut off power artificially. 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.

The owner's water supply and power supply is obtained by signing water supply and power supply agreements with water supply companies and power supply companies respectively, and paying relevant fees. It is not the same as the property service fee that the owner has to pay. Obviously, it is wrong and illegal for property companies to do so. If the water supply and power failure cause losses, the owner can claim the right to the court and ask the property company to compensate for the losses caused by the water supply and power failure.