Published tribunal order
Tenancy Tribunal case 9048864 — Tenancy dispute in Auckland Central, Auckland
Decided 22 Mar 2024 · Published 22 Mar 2024 · Application 9048864
Landlord favoured
- Costs
- Unit Titles
Order
- Hsiu-Wei HSU, Chi-Chun LEE must pay Body Corporate 168621 $23,716.05 immediately, calculated as follows: DescriptionsApplicantRespondent Unpaid Levies$14,571.85 Section 126 On-Charges$2,123.15 Body Corporate Secretary debt collection charges $460.00 Section 124 costs including GST and disbursements $4,316.41 Appearance at hearing ($200.00 per hour x 1 hour plus GST $230.00 Filing fee$500.00 Interest to 22 March 2024$1,514.64 Total award$23,716.05 Total payable by Respondent to Applicant $23,716.05
Reasons
- Counsel for the applicant attended the hearing. The respondents did not attend. The respondents were contacted twice on the contact numbers provided by the applicant but without success. I am satisfied there has been adequate service of the hearing notice and proceeded with the hearing in the respondents’ absence.
- The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee 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 (“UTA”).
- 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) UTA.
- Any expense incurred by the Body Corporate for work or act that it is required or authorised to do, including repairs which is substantially for the benefit of one unit only, is recoverable by the Body Corporate as a debt. See section 126 UTA.
- 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 UTA.
- 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 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.