Tenant Successfully Recovers Unpaid Levies and Costs

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[2025] NZTT 9061724

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner

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

ORDER

1. [NAME], and [COMPANY] As Trustees Of [COMPANY] must pay [NAME] $37,727.05 immediately, calculated as follows:

Descriptions Applicant Respondent

Special Levies (Roof Project) $33,280.00 Interest $2,247.54 [NAME] debt collection costs $1,309.51 Legal costs $390.00 Interest $2,247.54 Filing Fee $500.00 Total award $37,727.05 Total payable by Respondents to Respondent

$37,727.05

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Reasons:

1. The [NAME] Manager ([COMPANY]) attended the hearing via teleconference. [NAME] and Ms [NAME] (otherwise known as [NAME]) were both called on the numbers provided but the calls were not answered.

2. The absence of a party does not prevent the matter from being heard and determined.

3. 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?

4. A unit owner must pay all [NAME] levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.

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

6. 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. See section 124(1) Unit Titles Act 2010. The [NAME] has provided records to prove the amount claimed.

Is the Unit owner liable for interest?

7. 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. See section 128 Unit Titles Act 2010.

8. 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 dates to the hearing date.

Is the Unit owner liable for costs?

9. Pursuant to section 124 UTA, 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]. In accordance with judgments of the District Court and Court of Appeal respectively,1 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.

1 [NAME] 162791 v [NAME] DC Auckland, CIV2014-004-0120, 24 June 2014 and [NAME] 162791 v Gilbert [2015] NZCA 185.

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10.The law about recovery of legal costs was further clarified in [NAME] 346799 Gueirard v Vu [2023] NZDC 19645.

11. I am satisfied that the legal costs ordered above are reasonable in connection with drafting and serving a letter of demand.

12. I also find that the costs incurred by the [NAME] in recovery of the debt are reasonable. This includes processing and monitoring any payments made, sending reminder notices, instructing legal, preparation of the file and attendance at the Tribunal, and all incidental communications.

13.Because the [NAME] has succeeded with the claim, the respondent must pay the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

[NAME] 10 April 2025

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [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 [COMPANY] [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