Published tribunal order
Tenancy Tribunal case 9048785 — Tenancy dispute in Glenfield, Auckland
Decided 3 Apr 2024 · Published 3 Apr 2024 · Application 9048785
Landlord favoured
- Costs
- Interest
- Unit Titles
Order
- Assembly Of God North Shore City Samoan must pay Body Corporate 103066 $31,913.34 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$20,688.10 Interest at 10%$2,932.55 Body Corporate debt collection costs$402.50 Legal costs$7,085.44 Legal costs appearance 1 hour$304.75 Filing fee$500.00 Total award$31,913.34 Total payable by Respondent to Applicant $31,913.34
Reasons
- Both parties attended the hearing. Monique MacGregor appeared on behalf of Price Baker Berridge instructed by the Body Corporate. Pastor Mika appeared on behalf of the unit owner.
- The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
- Pastor Mika does not dispute the claim and explained that there has been a change of personnel looking after these matters on behalf of the Church.
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.
- The law about recovery of legal costs was further clarified in Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645.
- I have considered the time sheets submitted by Price Baker Berridge and I am satisfied that the legal costs ordered above are reasonable.
- I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable.
- Because the Body Corporate has succeeded with the claim, the unit owner must reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.