Claimant wins levy recovery case at Tenancy Tribunal

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[2025] NZTT 9065864

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner

UNIT ADDRESS: Unit/[ADDRESS], [POSTCODE], [ADDRESS]

1. [NAME] must pay [NAME] $11,749.37 immediately, calculated as follows:

Descriptions Applicant Respondent

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 [NAME]

$11,749.37

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Reasons:

1. The [NAME] attended the hearing by telephone, represented by counsel and the [NAME] 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.

2. The [NAME] 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?

3. A unit owner must pay all [NAME] levies and outgoings payable for the unit.

4. The [NAME] has determined the levies payable, and the unit owner's share has been calculated according to their utility interest.

5. The [NAME] 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 [NAME] has provided records to prove the amount claimed.

Is the Unit owner liable for interest?

6. If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A [NAME] may charge interest up to 10% per annum.

7. The [NAME] has resolved to charge interest at 10% per annum on unpaid levies. The [NAME] has proved the amount of interest owing from the due date to the hearing date.

Is the Unit owner liable for costs?

8. Pursuant to section 124, and as resolved at meetings of the [NAME], the [NAME] is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the [NAME]. The Tribunal must order that the reasonable costs incurred by the [NAME] in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable.

9. I have allowed for 15 minutes’ attendance at the hearing today at counsel’s hourly rate of $195.00 plus GST and the [NAME] manager’s hourly rate of $175.00 plus GST.

10.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 [NAME] rules. Section 127 of the Unit Titles Act 2010 applies. This provision

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covers work the [NAME] was required to do because of a breach of the [NAME] rules by the owner or his tenant.

Filing Fee

11.Because the [NAME] has succeeded with the claim I have reimbursed the filing fee.

[NAME] 23 May 2025

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS MATTER PLEASE CONTACT UNIT TITLE SERVICES [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE TARI UNIT TITLE SERVICES [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE UNIT TITLE SERVICES [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc:

Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

http://www.justice.govt.nz/fines/civil-debt