Published tribunal order
Tenancy Tribunal case 9076884 — Unit Titles in Auckland, Auckland
Published 8 May 2026 · Application 9076884
Mixed / unclear
- Unit Titles
- Costs
Order
- Xiuqin Wang must pay Body Corporate 501310 $5,238.55 immediately, calculated as follows: DescriptionsApplicantRespondent Costs – levy collection $4,593.55 Costs – attendance at hearing (half hour) $145.00 Filing Fee $500.00 Total payable by Applicant to Respondent $5,238.55
Reasons
- The applicant (by its legal representative) attended the hearing held by video conference.
- The respondent did not attend. The Tribunal may continue a hearing in the absence of a party. I did so in this case because the respondent has been sent by email to his email address for service as recorded on the Body Corporate register:- a. notice of the hearing date and time and details as how to attend the video hearing; b. a full copy of the application and all supporting evidence.
- There is no record of any contact from the respondent with the Tribunal.
What is the application?
- The body corporate initially applied for recovery of unpaid body corporate levies of $4,373.76 together with interest and costs and the filing fee from the unit owner.
- By the time of the hearing, the outstanding levies had been paid and some of the collection costs.
- This application deals with the remaining costs and the Tribunal application fee.
- The body corporate now seeks:- a. The remaining costs of collecting the unpaid levy including legal costs in the amount of $4,593.55; and b. Legal costs for attendance at this hearing (at $290.00 per hour plus gst); and c. The Tribunal application fee of $500.00.
What is the basis of the claim?
- A unit owner must pay all body corporate levies and outgoings payable for a body corporate unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
- The body corporate determined the levies payable, and the unit owner's share was calculated according to their utility interest.
- The body corporate fixed the due date for the levies to be paid, and the unit owner did not pay the levies by that date. See section 124(1) Unit Titles Act 2010.
- The body corporate has provided records to prove that;- a. The respondent is the owner of unit 803 at the unit address; b. Levies of $2,186.88 were payable by 1 August 2025 but were not paid by the due date; c. Debt collection charges were incurred; d. The debt was passed to lawyers and additional legal costs have been incurred; e. Regular communication including levy notices have been sent by the body corporate to the unit owner; f. A letter of demand was sent to the unit owner both by post and email to his registered addresses on 4 November 2025. The total amount owing at that date including costs was $4,149.80 which, if paid, would have avoided these proceedings; g. Further levies of $2,186.88 were payable by 1 December 2025 but were not paid by the due date; h. This application was filed on 22 December 2025 and the filing fee was incurred; i. The respondent made payment of $5,293.76 on 18 March 2026.
- I am satisfied that the respondent and unit owner did not pay the body corporate levies by the due date and did not pay the additional collection costs by a date as notified in the letter of demand.
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 applicant has provided a full breakdown of the time and costs incurred in collecting the unpaid levies. Unfortunately, the unit owner’s failure to pay the levies on time or to respond to the debt collection agency and lawyers means these proceedings were required. The payment of levies and some costs came too late to avoid that.
- After reviewing the time and costs incurred, I am satisfied that the costs ordered above are reasonable.
- Because the body corporate has succeeded with the claim, I have reimbursed the filing fee pursuant to. section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.