Published tribunal order
Tenancy Tribunal case 9077884 — Tenancy dispute in Auckland, Auckland
Decided 9 June 2026 · Published 9 June 2026 · Application 9077884
Landlord favoured
- Unit Titles
Order
- XYZ Corporate Trustee Limited must pay Body Corporate 516844 $10,276.07 immediately, calculated as follows: DescriptionApplicant Unpaid operational levies to 1 January 2026 Unpaid utility levies to 18 May 2026 $3,125.86 $490.00 Body Corporate collection costs$632.50 Solicitor costs (includes 15-minute hearing appearance) $5,297.92 Interest to 9 June 2026$229.79 Filing Fee$500.00 Total award$10,276.07 Total payable by Respondent to Applicant $10,276.07
Reasons
- Ms MacGregor attended the hearing for the Body Corporate which was held by way of video conference. A representative of the unit owner company did not attend the hearing or request an adjournment.
- 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: sections 80(1)(f) and 121(1) of the Unit Titles Act 2010 (the Act).
- The Body Corporate has determined the levies payable, and the unit owner’s share has been calculated according to their utility interest.
- The Body corporate has fixed the due dates for the levies to be paid, and the unit owner has not paid the amounts due in full by the due dates: section 124(1) of the Act.
- The Body Corporate has provided records to prove the amount claimed.
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: section 128 of the Act.
- 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 dates to the hearing date.
Is the unit owner liable for costs?
- Pursuant to section 124 of the Act 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 in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and Body Corporate 346799 v Gueirard [2023] NZDC 19645, 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 documents provided by the Body Corporate, the invoices issued by the solicitors acting for the Body Corporate, and the supporting time sheets outline the work completed and the time spent in attempting to recover the unpaid levies. I am satisfied that the costs claimed are reasonable.
- The Body Corporate has been fully successful in its claim and is therefore entitled to payment of the filing fee: Section 176(1) of the Act and section 102(4) Residential Tenancies Act 1986.