Published tribunal order
Tenancy Tribunal case 9075724 — Tenancy dispute in Milford, Auckland
Published 13 May 2026 · Application 9075724
Landlord favoured
- Costs
- Unit Titles
Order
- Tony Chamberlain, Lyn Amanda Chamberlain and T&L Chamberlain Trustees Limited must pay Body Corporate 575617 $19,562.57 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$10,863.88 Costs: Corporate manager$902.50 Costs: Solicitor$6,578.84 Filing Fee$500.00 Total award$18,845.22 Total interest$717.34 Total award with interest$19,562.57 Total payable by Respondent to Applicant $19,562.57
Reasons
- This order follows the Tribunal’s order made on 12 March 2026 and that order should be read together with this order.
- In the previous order I found that the levies were due subject to the unit owners’ High Court claim to have the sale of the unit to them set aside. I directed the respondents to update the Tribunal regarding that claim by 9 April 2026. That has not happened, and it is not reasonable for the body corporate to wait indefinitely for the result of that claim. I am therefore issuing this final order. If the result of the respondents’ claim affects this order, they can take whatever action is needed to give effect to that.
- The hearing was conducted by video conference. The applicant was represented by counsel Briar Dodson. The respondent was represented by counsel Tim Rainey.
- The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owners. Levies
- 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 Act).
- The body corporate has determined the levies payable and unit the owners’ 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. The body corporate has provided records to prove the amount claimed. 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. Costs
- Under section 124 of the Act 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.