Does the property have the right to cut off 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.

The basic work of the property includes:

(a) Buildings management

For buildings, including the maintenance and repair of the public areas of the community, the environment of the community can be kept good. Also responsible for recording the information of real estate, including the basic information of floors and supporting hardware in the community.

(2) Equipment management

Including the maintenance and repair of water, electricity, heating, communication and other equipment in public areas, so as to keep the equipment in good condition.

(3) community traffic organization and management

It is necessary to clean and maintain the stairs or elevators in residential areas.

(4) Fire control management

It is necessary to establish and implement a fire-fighting system, and also to manage fire-fighting equipment and firefighters.

(V) Customer information management

It is necessary to manage and record the whole process of the owners in the community from buying a house to renting it out to checking out, so that people can inquire about the situation and current situation of the residents at any time and strengthen communication and management with the owners. Including: community owner information, family member information, etc.

The main responsibilities of the property management company are as follows:

(1) Property maintenance management: A property management company shall, in accordance with the national property management standards, carry out maintenance and technical management on the properties it manages, including housing safety and quality management, housing maintenance technical management, housing maintenance and construction management;

(2) Property equipment management: the property equipment managed mainly includes water supply and drainage equipment, gas equipment, heating equipment, ventilation equipment and electrical equipment;

(3) Property environmental management: Property management companies have the obligation to manage the environment of residential quarters, so as to make it meet the standards set by the state, including pollution prevention, environmental cleaning and environmental greening.

(4) Property safety management: Property management companies should take various measures to ensure the personal and property safety of owners and house users, manage the public security of the community, manage the fire safety of the community, and manage the vehicles and personnel entering and leaving the community.

To sum up, the property management 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.

In the property management contract, it is stipulated that the property management company can take water and electricity cuts as a punishment means in the case of the owner's arrears, which is a contract clause in the Civil Code. According to the law, this clause should be agreed by the obligee. Otherwise, it is an invalid clause, and the owner can turn to investigate the tort liability of the property management company.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 944

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.