Published tribunal order
Tenancy Tribunal case 9075344 — Leaks in Mount Albert, Auckland
Published 25 February 2026 · Application 9075344
Landlord favoured
- Leaks
Order
- Oraluk Tisapramotkul must pay Body Corporate 401803 $48,403.08 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding levies ($36,779.38 less $9,000.00 paid) Interest on outstanding levies from 18 February 2024 to 25 February 2026 $27,779.38 $4543.75 Plumbing charges x 3$2,153.45 Body corporate manager collection costs $982.50 Section 124 costs - legal fees$12,127.75 Appearance fee at hearing$316.25 Filing Fee$500.00 Total award$48,403.08 Total payable by Respondent to Applicant $48,403.08
Reasons
- Ms Naidoo represented the body corporate. The unit owner did not attend the hearing which I conducted by video.
- 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 1 .
- 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. He made part payments totalling $9,000.00 only. The body corporate has provided records to prove the amounts claimed.
- On 6 May 2018, the High Court at Auckland settled a scheme for repairs 2 and directed the body corporate to levy and collect from owners funds to fulfil its repair obligations under the scheme. Clause 15 of the scheme authorised the recovery of levies including interest.
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 3 .
- 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?
- 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 1 See sections 80(1)(f) and 121(1) Unit Titles Act 2010 (UTA) 2 Under section 74 UTA 3 See section 128 UTA recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable 4 .
- Because the body corporate has succeeded with the claim I have reimbursed the filing fee 5 .