Published tribunal order
Tenancy Tribunal case 9049385 — Tenancy dispute in Auckland Central, Auckland
Decided 19 Mar 2024 · Published 19 Mar 2024 · Application 9049385
Landlord favoured
- Unit Titles
Order
- Ross Graeme Robert Tierney, Mary Frances Sterling Wilson must pay Body Corporate 346799 $74,649.86 immediately, calculated as follows: DescriptionsApplicantRespondent Overdue levies$67,531.77 Body Corporate Secretary debt collection charges $1,090.20 Section 124 costs, including GST & disbursements $3,030.54 Appearance at the hearing ($200.00 per hour plus GST) $230.00 Filing fee$500.00 Interest$2,267.35 Total award$74,649.86 Total payable by Respondent to Applicant $74,649.86
- This Order amends and replaces the Tribunal Order dated 13 March 2024 under application 9049385 to reflect the correct surname of one of the respondents from ‘Mary Frances Sterling Tierney’ (as previously noted) to ‘Mary Frances Sterling Wilson’.
Reasons
- The hearing was held by teleconference. Ms Dobson attended the hearing for the Body Corporate. Mr Tierney attended as the unit owner.
- 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.
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 must order the other party to reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986. Amended order
- The applicant advised the Tribunal by email on 14 March 2024 that the surname for one of the respondents ‘Mary Frances Sterling Tierney’ was not correct and asked for the order to be amended to reflect the correct surname (from Tierney to Wilson).
- This order corrects that error. In all other respects, the order dated 13 March 2024 and the reasons given remain the same.