Published tribunal order
Tenancy Tribunal case 9048045 — Tenancy dispute in Auckland Central, Auckland
Decided 6 Mar 2024 · Published 6 Mar 2024 · Application 9048045
Landlord favoured
- Costs
- Interest
- Unit Titles
Order
- Luobing SUN, Luying LUO must pay BC 346799 $45,137.11 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding levies$38,988.26 Body Corporate debt collection costs $1,090.20 Section 124 – legal costs$3,718.24 Appearance at hearing ($200.00 per hour x 1 hour plus GST) $230.00 Filing Fee$500.00 Interest$610.41 Total award$45,137.11 Total payable by Respondent to Applicant $45,137.11
Reasons
- The hearing was held by teleconference on 21 February 2024. Ms Dobson appeared for the Body Corporate. Mr Sun appeared for the unit owners.
- 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.
- The unit owners are concerned about the delays and cost increases associated with remediation work. They say that those concerns are shared by a number of other unit owners.
- The unit owners are in a difficult position. The costs and delays associated with the remediation works are a financial and psychological burden and there is little doubt that the unit owners individually and the Body Corporate representing them collectively, would like greater certainty in terms of time and cost for completion of the work.
- However, the provisions of the UTA are clear, that unit owners are required to pay levies properly raised.
- Accordingly, while it is not appropriate that I express any view on the legitimacy or otherwise of the unit owners’ concerns, I find that they not entitled to withhold payment of these properly raised 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 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.
- I am satisfied that the costs ordered above are reasonable.
- As 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.