Do you need to pay heating fee and property management fee if the property is not heated?

1, the owner needs to pay the property management fee, and the relationship between the property company and the owner is the property service contract. If the owner fails to pay the property fee, the property has the right to investigate the owner's liability for breach of contract according to the contract or legal provisions. The basis is as follows:

According to Article 83 of the Property Law, the owner shall abide by laws, regulations and management regulations. For acts that damage the legitimate rights and interests of others, such as refusing to pay property fees, the owners' assembly and the owners' committee have the right to require the perpetrator to stop the infringement and compensate for the losses in accordance with laws, regulations and management regulations. As well as Article 6 of the Interpretation of the Higher People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, it is stipulated that the property service enterprise has provided services in accordance with the contract and relevant regulations, and the owner only takes the failure to enjoy or need to accept relevant property services as the defense reason, and the people's court will not support it.

2. The heating fee should be collected by the heating company, and it is legal for the property to entrust the heating company to collect fees. According to the principle of contract relativity in the contract law, the two parties bound by the heating contract are the owner and the heating company, and the third party has no right to interfere with the performance of the heating contract.

In addition, Article 82 of China's Property Law stipulates: "Property service enterprises or other managers manage the buildings and their ancillary facilities within the building division according to the entrustment of the owners, and accept the supervision of the owners." Entrusted by the owner to manage affairs, the property management company shall try its best to provide services. If the property company does not provide heating service, the owner has the right to pursue its tort liability through litigation.