Published tribunal order
Tenancy Tribunal case 9065864 — Tenancy dispute in Auckland Central, Auckland
Decided 23 May 2025 · Published 23 May 2025 · Application 9065864
Landlord favoured
- Costs
- Unit Titles
Order
- Munesh Chand must pay Body Corporate 330324 $11,749.37 immediately, calculated as follows: DescriptionsApplicantRespondent Levies fixed as per 2023 and 2024 AGM$8,223.18 Rubbish removal$395.60 Solicitors’ fees$987.98 BC manager debt recovery charges$584.00 Attendance at hearing by solicitor$56.00 Filing Fee$500.00 Attendance by BC manager$50.00 Total award$10,796.76 Total interest$952.61 Total award with interest$11,749.37 Total payable by Respondent to Applicant $11,749.37
Reasons
- The body corporate attended the hearing by telephone, represented by counsel and the body corporate manager. The unit owner did not attend. I rang the owner twice. I am satisfied that the owner was notified of the hearing by email pursuant to the Residential Tenancies (Unit Title Disputes) Rules 2011.
- 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.
- 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 date for the levies to be paid, and the unit owner has not paid the levies by that date (section 124(1) of the 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.
- 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, 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. 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.
- I have allowed for 15 minutes’ attendance at the hearing today at counsel’s hourly rate of $195.00 plus GST and the body corporate manager’s hourly rate of $175.00 plus GST.
- There is also a claim for rubbish removal costs. The owner’s tenant left rubbish in the common area which had to be removed. This was a breach of the body corporate rules. Section 127 of the Unit Titles Act 2010 applies. This provision covers work the body corporate was required to do because of a breach of the body corporate rules by the owner or his tenant. Filing Fee
- Because the body corporate has succeeded with the claim I have reimbursed the filing fee.