Published tribunal order
Tenancy Tribunal case 9043104 — Tenancy dispute in Mount Eden, Auckland
Decided 11 Sept 2023 · Published 11 Sept 2023 · Application 9043104
Landlord favoured
- Costs
- Interest
- Unit Titles
Order
- Hui Luo must pay Body Corporate 129932 $28,237.77 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$23,241.93 Interest$1,793.85 Legal costs$1,508.48 Body corporate secretary collections costs $572.50 Filing Fees$500.00 Legal costs for attendance at the hearing and travel (1.5 hours @ $195 p/hour + GST) $336.38 Body corporate secretary costs for attendance at the hearing and travel (1.5 hours @ $165 p/hour + GST) $284.63 Total award$28,237.77 Total payable by Respondent to Applicant $28,237.77
Reasons
- The body corporate was represented by counsel, Ms Elizabeth Tobeck, from the law firm Morgan Coakle. There was no appearance by the respondent at today’s hearing.
- The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
- No defence has been filed by the respondent against the body corporate’s claims.
Does the Unit Owner owe the levies claimed?
- A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
- The body corporate has determined the levies payable and unit owner's share has been calculated according to their utility interest.
- The body corporate has fixed the due date for the levies to be paid, and the unit owner has not paid the levies by that date. See section 124(1) Unit Titles Act 2010.
- The body corporate has provided records to prove the amount claimed.
Is the Unit owner liable for interest?
- If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A body corporate may charge interest up to 10% per annum. See section 128 Unit Titles Act 2010.
- The body corporate has resolved to charge interest at 10% per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to the hearing date.
Is the Unit owner liable for costs?
- Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, the Body Corporate is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the Body Corporate.
- In accordance with the judgments (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the Body Corporate in recovering the levies, objectively assessed, be paid by a defaulting unit owner.
- I am satisfied that the costs ordered above, consisting of legal and body secretary collection costs, are reasonable.
- As the body corporate has succeeded with the claim, I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.