78Unpaid utility charges

#### 78 Unpaid utility charges 78 Unpaid utility charges > > (1) The operator of a community or a third party supplier may charge a fee for a late or dishonoured payment if— > > > > > (a) the payment relates to utility charges payable by a home owner or tenant for the use of electricity, and > > > > > (b) the fee is not more than the amount that the operator or third party supplier can charge as a retailer or exempt seller. > > > (1A) The operator may charge a fee for a late or dishonoured payment if— > > > > > (a) the payment relates to utility charges payable by a home owner or tenant for the use of a utility other than electricity, and > > > > > (b) the fee is not more than the amount that could have been charged if the service was supplied directly to the home owner or tenant by the utility service provider. > > > (2) The operator or third party supplier may apply to the Tribunal for an order requiring the home owner or tenant to pay to the operator or third party supplier— > > > > > (a) any unpaid utility charge, or > > > > > (b) any unpaid fee for late payment, or > > > > > (c) any unpaid fee for a dishonoured payment. > > > (3) The Tribunal may, on application under this section, make— > > > > > (a) an order requiring the home owner or tenant to pay the unpaid charge or fee (or a specified part of it) within a specified period, and > > > > > (b) any ancillary order that the Tribunal, in the circumstances, thinks appropriate. > > > (4) The Tribunal may determine the application without conducting a hearing with the consent of the parties. > > **s 78:** Am 2024 No 46, Sch 1\[19\]–\[21\].