Published tribunal order
Tenancy Tribunal case 9080244 — Tenancy dispute in Auckland Central, Auckland
Decided 16 Jul 2026 · Published 16 Jul 2026 · Application 9080244
- Unit Titles
Order
- [The party] must pay Body Corporate 172108 $34,130.53 immediately, calculated as follows: DescriptionsApplicantRespondent Unpaid Level 12 remediation levies Interest on unpaid remediation levies to 16 July 2026 $28,892.32 $3,213.68 Interest on levies due 30 June 2026 to 15 July 2026 BC collection fees to TT application $41.02 $966.00 BC collection fees to TT hearing$517.51 Filing Fee$500.00 Total award$34,130.53 Total award with interest$34,130.53 Total payable by Respondent to Applicant $34,130.53
Reasons
- The Body Corporate attended the hearing by videoconference. The Unit Owner didn’t attend and couldn’t be reached by phone.
- The Body Corporate has applied for recovery of the unpaid balance of special levies raised for Level 12 weatherproofing remediation at the complex.
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 evidence provided by the Body Corporate proves that the Body Corporate has determined the levies payable and the Unit Owner's share has been calculated according to his utility interest.
- The Body Corporate has fixed the due date for the levies to be paid.
- A payment of $18,075.00 toward those levies was made by the Unit Owner on 2 February 2026. There have been negotiations about a repayment arrangement for the balance, but it remains outstanding at the date of hearing.
- The Body Corporate has provided records to prove the amount claimed.
- After the application was made, additional levies had fallen due for payment on 30 June 2026. Those levies were paid on 15 July 2026
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 (payment date in the case of the levies due 30 June 2026).
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.