Former owners owed more than 20,000 yuan in property fees, but the new owner was stopped by the property to collect debts!The court judged like this →

I bought a second -hand house. As a result, the owner owed more than 20,000 property fees. Recently, the People's Court of Yueyang Building District, Yueyang City, Hunan, tried the case of infringement liability.

Screenshot source: Hunan High Court WeChat public account

Buy a second -hand house "pitted": Former owners owe more than 20,000 property fees

In December 2020, Xiaojia (pseudonym) purchased a house in a community in Yueyang Building, Yueyang Building, Yueyang City, Yueyang Tower, from the outsider of the case. The two parties signed a house trading contract.

On June 26, 2021, Xiaojia happily stayed in the house. However, she did not know that from July 1, 2017, the house has not paid the situation of not paying water, property fees and late fees, and has reached more than 20,000 yuan.

The property company has repeatedly paid the above expenses to Xiaojia, and took the extreme method of water stopping on November 1 and November 19th. She could only go out to stay in the hotel. In desperation, Xiaojia prosecuted the property company to the court, requesting the defendant to stop the infringement, restore water supply, publicly apologize and bear the plaintiff's hotel accommodation and transportation expenses caused by the plaintiff for a total of 6,000 yuan. Water charges have been staying in June 2021.

The property company argued that the house involved in the house is currently water supply normally, and the plaintiff advocated that there is no factual and legal basis in writing in writing in writing; but after the water discontinuation is true, the plaintiff immediately opened itself. It is necessary; in addition, the plaintiff shall summarize the contract obligation of the house involved in the house, and it can be recovered from the former owner after it is assumed. The Property Division understands the case involved in the water and electricity costs of the house. The plaintiff has not fulfilled the obligation to pay attention, and there is a fault on itself.

Court judgment: The property company resumed water supply and lost 1200 yuan

The People's Court of Yueyang Building District, Yueyang City, believes that the owners of the water supply and power supply contract are owners, tap water companies, and power supply bureaus. The tap water company and the power supply bureau have the right to terminate the supply of hydropower after legal procedures, and the property company has no right to disconnect water and electricity to the owner. Even if it is a secondary water supply, the property company has no right to stop the water. The owner does not pay property fees, water fees, etc. The property company can solve it through legal methods such as lawsuits and cannot adopt rough water suspension.

Regarding whether the plaintiff should summarize the issue of the property costs and water costs of the former owner. Due to the relative nature of the contract, the service contract between the original owners and the property company did not involve later buyers. The new owner, that is, the plaintiff in the case, did not obliges to pay the property fee in the property. The plaintiff also agreed to this part with the former owner's house sale, and did not violate the compulsory provisions of laws and regulations, and the agreement was valid.

Another case involved in the house on December 11, 2020 Under the name of the plaintiff Xiaojia, the transfer registration has the legal effect of immediately producing publicity, that is, Xiaojia has obtained the ownership of the house since December 11, 2020, and since then, it has begun since then. The water and property fees should also be borne by the newly -registered homeowner, the plaintiff Xiaojia. Although the plaintiff advocates that it should start accounting and property expenses from June 26, 2021, the house trading contract only restricts the buyers and sellers, and the time of staying only affects the distribution of the internal rights and obligations of the plaintiff and the original homeowner. The publicity effect of the defendant property company and other external entities, so the plaintiff claimed that there was also a lack of legal basis. The plaintiff shall pay the housing property and water costs from December 11, 2020. The former owner's arrears of the defendant have no right to urge the plaintiff.

In the end, the court ruled that the property company resumed the water supply of the house involved in the case (this item has been fulfilled), and the plaintiff Xiaojia's economic loss caused by the compensation of the water discontinue stopping was 1,200 yuan, and he apologized to him.

After the first trial, the defendant refused to appeal. The Yueyang Intermediate People's Court rejected the appeal in the second instance and maintained the original sentence.

The judge said that Article 16 of the "Administrative Measures for the Property Service Charges of Hunan Province" stipulates that when the property rights are transferred, the owner shall settle the property service fee and inform the transfers to inform the property service enterprise within 15 days from the date of the signing of the contract. The real estate service costs incurred in the date of the transfer of property rights shall be borne by the property; the property service expenses incurred the next month from the date of the transfer of property rights shall be borne by the property. The two sides have an agreement on the agreement.

If the owner does not pay the property fee after the deadline, the property service person can file a lawsuit or apply for arbitration, but it shall not take the stopping, water supply, heating, gas supply, etc. to urge property fees. If the property service provider is to pay the property fee and take measures to stop supplying power, water supply, heating, gas supply, etc. to cause the owner to lose, it shall bear the corresponding compensation liability.

Source: Daily Economic News, the People's Court of Yueyang Building District, Yueyang City, Hunan Province

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