Published tribunal order
Tenancy Tribunal case 9063224 — Tenancy dispute in Mount Eden, Auckland
Decided 28 Apr 2025 · Published 28 Apr 2025 · Application 9063224
Landlord favoured
- Costs
- Unit Titles
Order
- Qian Zhao must pay Body Corporate 563795 $10,401.80 immediately, calculated as follows: DescriptionsApplicant Outstanding Levies$6,166.64 Costs: Debt Collection$690.00 Costs: Legal Fees$2,583.13 Filing Fee$500.00 Total award$9,939.77 Total interest$462.03 Total payable by Respondent to Applicant $10,401.80
Reasons
- The body corporate attended the hearing, represented by Counsel.
- The unit owner did not attend the hearing. I am satisfied that the owner was sent the video link to attend the hearing and has been served with the application. It was appropriate to proceed with the hearing.
- The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. Counsel provide clear and concise written submissions and evidence before the hearing.
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 outstanding levies awarded include ordinary levies (45,096.20) for 2024 and 2025, up to 30 April 2025 and a special levy of $1,070.44 for insurance which was due on 13 December 2023.
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. Interest of 10% from the due date of each invoice to the hearing date has been awarded above.
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.
- 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.