Published tribunal order
Tenancy Tribunal case 9046044 — Tenancy dispute in Auckland, Auckland
Decided 24 Nov 2023 · Published 24 Nov 2023 · Application 9046044
Landlord favoured
- Costs
- Ordinary Levy
- Unit Titles
Order
- Jian Liu must pay Body Corporate 501310 $10,505.94 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024 $5,602.81 Costs$3,968.78 Filing Fee$500.00 Total award$10,071.59 Interest 20 November 2022 – 24 November 2023 $434.35 Total award with interest$10,505.94 Total payable by Respondent to Applicant $10,505.94
Reasons
- Ms MacGregor attended the hearing for the Body Corporate. The unit owner did not attend. The only telephone number provided to the Tribunal for the unit owner was a number in China and when the Tribunal called it, it was not connected.
- The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. Levies
- 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 Act).
- 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) of the Act. The Body Corporate has provided records to prove the amount claimed. 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 of the Act.
- 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 dates to the hearing date. Costs
- Pursuant to section 124 of the Act, 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.
- The costs claimed are largely reasonable. I have not allowed the charge made for office expenses and file storage because I regard those as office overheads, not costs incurred in connection with the application. I have allowed one hour for the hearing to include tasks associated with it.
- Because the body corporate has succeeded with the claim, I have awarded the filing fee. Section 176(1) of the act and s102(4) Residential Tenancies Act 1986.