Published tribunal order
Tenancy Tribunal case 9065784 — Tenancy dispute in Auckland Central, Auckland
Decided 10 Jul 2025 · Published 10 Jul 2025 · Application 9065784
Landlord favoured
- Unit Titles
Order
- Antonia Anne Taylor must pay Body Corporate 194653 $12,258.46 1 immediately, calculated as follows: DescriptionsApplicant Levy$6,081.36 Costs: - Section 124(2) costs - previous outstanding levies $1,183.64 Costs: Debt Collection$729.50 Costs: Legal Costs$3,088.15 Costs: Legal - Attendance at Hearing$143.75 Filing Fee$500.00 Total award$11,726.40 Total interest (on Levies and s124(2) costs – previous outstanding levies) $532.06 Total award with interest$12,258.46 Total payable by Respondent to Applicant $12,258.46 1 The Order issued at 8:28am on 10 July was recalled. The Order has been re-issued after correcting a typographical error in the filing fee amount.
Reasons
- Counsel attended the hearing for the Body Corporate.
- Ms Taylor did not attend the hearing by the video link provided in the Notice of Hearing and did not answer a call to her mobile during 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.
- The levies claimed were due on 1 August 2024 and 1 February 2025. Invoices and statements have been sent to Ms Taylor.
Is the Unit owner liable for interest?
- If a unit owner fails to pay levies (or other amounts) 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. I have awarded the amount of interest owing from the due date to the date of this Order.
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 award includes costs incurred in respect of previous unpaid levies. The body corporate provided evidence of the previous late payment and steps taken to recover that debt. I am satisfied that the amount claimed is payable as a debt under s124(2) Unit Titles Act.
- 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.