Published tribunal order
Tenancy Tribunal case 9073764 — Unit Titles in Takapuna, Auckland
Published 16 February 2026 · Application 9073764
Mixed / unclear
- Unit Titles
- Ordinary Levy
- Costs
- Interest
Order
Gavin Geoffrey Roberts must pay Body Corporate 533375 $3,699.84 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary and contingency levy: paid $3,997.53 on 15 February 2026 for outstanding operational levies for 1 July 2024 to 30 June 2025 and Contingency levies for period 1 July 2024 to 30 June 2026 $0.00 Costs: body corporate debt collection of $970 paid on 15 February 2026 $0.00 Interest: to 15 Feb 2026$124.34 Legal collection costs$2,788.00 Costs: attendance at hearing (1 hour)$287.50 Filing Fee$500.00 Total award$3,699.84
Reasons
- Only counsel for the body corporate attended 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 in this proceeding consisting of $3,997.53 for outstanding operational levies for 1 July 2024 to 30 June 2025 and contingency levies for period 1 July 2024 to 30 June 2026.
- On 15 February 2026, the unit owner paid all the overdue levies of $3,997.53 to the body corporate.
- Accordingly, no further orders are sought today in respect of the outstanding levies.
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 date that the outstanding levies have finally been paid, ie., on 15 February 2026.
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 actually incurred and reasonable.
- Because the body corporate has succeeded with the claim, I have also reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.
- The unit owner has paid the collection costs incurred by the body corporate manager but not the costs incurred by their solicitors in this proceeding.
- The amounts ordered are proved.