Published tribunal order
Tenancy Tribunal case 9074424 — Unit Titles in Mount Albert, Auckland
Decided 23 February 2026 · Published 23 February 2026 · Application 9074424
Mixed / unclear
- Unit Titles
Order
1
- Wing Keung Wong, Huey Yi Gam must pay Body Corporate 314950 $22,583.27 immediately, with respect to unpaid levies at Unit 8, calculated as follows: Outstanding levies $17,734.84 Interest $ 1,197.22 Costs $ 3,151.21 Filing Fee $ 500.00 Total award $22,583.29 ORDER 2
- Wing Keung Wong must pay Body Corporate 314950 $37,690.65 immediately, with respect to unpaid levies for Unit 13, calculated as follows: Outstanding levies $31,872.52 Interest $ 5,818.13 Total award $37,690.65
Reasons
- Only the applicant representative attended the hearing.
- The body corporate has applied for recovery of unpaid levies, interest, costs and reimbursement of the filing fee from the unit owners of Unit 8 and Unit 13.
Do the Unit Owners 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 shares have 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 amounts claimed with respect to both units 8 and 13.
Are the Unit owners 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 with respect to interest owing for unpaid levies owing for each unit.
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 applicant has sought to mitigate costs by filing only one application and therefore bringing only one claim for costs including one attendance fee, with respect to unpaid levies at both units.
- 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.