Published tribunal order
Tenancy Tribunal case 9061664 — Tenancy dispute in Grey Lynn, Auckland
Decided 15 Apr 2025 · Published 15 Apr 2025 · Application 9061664
Landlord favoured
- Unit Titles
Order
- Conrad Greenfield Putt, Brian William Putt, Suzanne Linda Ashmore must pay Body Corporate 406925 $6,958.01 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$3,119.70 Costs$3,125.50 Interest$212.81 Filing Fee$500.00 Total payable by Respondent to Applicant $6,958.01
Reasons
- Both parties attended the hearing: Conrad Putt attended as the unit owner and Mark Donovan represented the body corporate.
- The Tribunal must consider an application from the body corporate 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 the unit owner's share has been calculated according to their utility interest. Since the application was filed, levies for April 2025 have become due, and they are included in this order.
- The body corporate fixed the due dates for the levies to be paid, and the unit owner had not paid the levies by that date. See section 124(1) Unit Titles Act 2010.
- Mr Donovan advised that on 14 April 2025 (yesterday) the unit owner paid a lump sum of $5,400.00. This amount has been deducted from the total claimed.
- The body corporate has provided records that 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.
- The interest sought has been calculated against the unpaid levies up until 14 April 2025.
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.
- Mr Donovan explained that the costs sought are for work undertaken due to the levies not being paid on time. The body corporate has maintained contact with the unit owner. Costs for appearance at today’s hearing are included in the amount sought.
- I am satisfied that the costs ordered above are reasonable.
- 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.