Published tribunal order
Tenancy Tribunal case 9045524 — Tenancy dispute in Newmarket, Auckland
Decided 7 Mar 2024 · Published 7 Mar 2024 · Application 9045524
Landlord favoured
- Costs
- Unit Titles
Order
- Newmarket 2006 Limited must pay Body Corporate 202345 $17,454.88 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding levies$15,442.88 Costs: Debt collection charges$2,012.00 Total award$17,454.88 Total payable by Respondent to Applicant $17,454.88
Reasons
- The representative for the Body Corporate attended the hearing. There was no appearance by the respondent or a representative of the respondent.
- The Body Corporate has applied for recovery of unpaid levies and costs from the unit owner.
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 the 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.
- The Body Corporate notes the unit owner will need to update monthly automatic payments to avoid a further debt accumulating as there is currently a shortfall of $369.88.
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 are reasonable.