Published tribunal order
Tenancy Tribunal case 9056064 — Tenancy dispute in Wellington, Wellington
Decided 5 May 2025 · Published 5 May 2025 · Application 9056064
Landlord favoured
- Costs
- Interest
- Unit Titles
Order
- Ming Chu Chan must pay Body Corporate 314856 $34,394.43 immediately, calculated as follows: DescriptionsApplicantRespondent Levies 30/6/23 – 20/1/25$27,499.34 Marketing on charge 25/07/24$43.82 marketing on charge 23/08/24$21.56 marketing on charge 28/09/24$10.78 Costs: marketing on charge 30/11/24$21.56 Costs: marketing on charge 15/01/25$21.56 Costs: marketing on charge 31/03/25$21.56 Costs: Utility invoices$1,059.36 Interest @ 10% on levies and invoices owed $2,820.13 Filing Fee$500.00 Costs: Body corporate costs$948.00 Costs: Price Baker Berridge$9,104.76 Costs: PBB at hearing$322.00 Payment made 25/02/25 $8,000.00 Total award$42,394.43$8,000.00 Total interest Total award with interest$42,394.43$8,000.00 Total payable by Respondent to Applicant $34,394.43
Reasons
- Ms McGregor attended for the Body Corporate. There was no attendance by the unit owner. The unit owner has appointed an agent to correspond with the Body Corporate and the Body Corporate has provided that email address to the Tribunal. The agent has not provided a phone number despite being asked to.
- I am satisfied that the unit owner’s agent has been advised of today’s hearing and has not attended. The unit owner has not attended nor sought an adjournment. I have therefore proceeded in the absence of the unit owner.
- 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.
- 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 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 for the work that has been completed both by the Body Corporate and their legal advisors to recover the levies and charges.
- Because 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.