Published tribunal order
Tenancy Tribunal case 9065524 — Unit Titles in Auckland Central, Auckland
Decided 25 Jun 2025 · Published 25 Jun 2025 · Application 9065524
Mixed / unclear
- Unit Titles
- Costs
Order
- New Zealand Products Imp&Exp Limited must pay Body Corporate 199011 $30,746.76 immediately, calculated as follows: DescriptionsApplicant Levy$23,869.82 Costs: Debt Collection$902.50 Costs: Legal Costs$2,976.84 Filing Fee$500.00 Costs: Legal - Attendance at Hearing$103.50 Total interest$2,394.10 Total Award $30,746.76
Reasons
- A representative of the Body Corporate attended the hearing.
- The unit owner did not attend by the video link provided with the Notice of Hearing and did not answer two calls made to its mobile during the hearing. I was satisfied that the unit owner has been served and that it was appropriate to proceed with the hearing.
- 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. Total from the due date of each levy to the hearing date is $2,394.10.
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. The Body Corporate provide a clear and comprehensive breakdown of the amounts claimed.
- 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.