Published tribunal order
Tenancy Tribunal case 9076044 — Unit Titles in Manukau, Auckland
Decided 14 May 2026 · Published 14 May 2026 · Application 9076044
Mixed / unclear
- Unit Titles
Order
NZTT 9076044 issued on 13 May 2026. The only correction relates to the filing fee which was omitted in error in that ORDER. The filing fee has been added to the table below and explained at [13]. The totals have been adjusted accordingly
- Quick Repairs Limited must pay Body Corporate 97909 $7,610.81 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy $1,990.63 Interest $172.88 Legal fees $3,860.55 Legal fees attendance at hearing $166.75 Collection costs $920.00 Filing fee $500.00 Total award $7,610.81 Total payable by Applicant to Respondent $7,610.81
Reasons
- The hearing was conducted by video conference. Ms MacGregor attended for the applicant. A representative for the owner did not seek to be admitted to the hearing nor request an adjournment. Because I am satisfied the necessary service provisions have been met and the representative for the owner did not request an adjournment, I conducted the hearing in the absence of the owner.
- The body corporate has applied for recovery of unpaid levies, interest and costs 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 at the time of application to the Tenancy Tribunal was $3,477.39. Since the date of application the owner has made a partial payment which has reduced the balance owing.
- The claim is proved.
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.
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.
- The amount of legal fees being sought at time of application to the Tenancy Tribunal was $6,373.75. A partial payment made by the owner has reduced the balance owing to $3,860.55.
- I am satisfied the costs ordered above are reasonable. The claim is proved.
- 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.