What was the outcome of Tenancy Tribunal case 9060984?

The tribunal order states: Akshaya Investments Limited must pay Body Corporate 472616 $16,939.99,

How much money was awarded in case 9060984?

calculated as follows: DescriptionsA…: $14,139.51 awarded to landlord; Costs: $1,827.75 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $472.73 awarded to landlord

What type of tenancy dispute was case 9060984?

The dispute type was not classified.

Where can I read the official tribunal order for case 9060984?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494110-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9060984?

The tribunal order states: Akshaya Investments Limited must pay Body Corporate 472616 $16,939.99,

How much money was awarded in case 9060984?

calculated as follows: DescriptionsA…: $14,139.51 awarded to landlord; Costs: $1,827.75 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $472.73 awarded to landlord

What type of tenancy dispute was case 9060984?

The dispute type was not classified.

Where can I read the official tribunal order for case 9060984?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11494110-UTA_Tribunal_Order.pdf.

New Lynn, Auckland Tenancy Tribunal Case 9060984 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9060984 — net $16,939.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
calculated as follows: DescriptionsApplicant Levies (due 30/09/2023-31/01/2025 less part payments made	$14,139.51	calculated as follows: DescriptionsApplicant Levies (due 30/09/2023-31/01/2025 less part payments made
Costs	$1,827.75	Costs
Interest	$472.73	Interest
Filing Fee	$500.00	Filing Fee
Net award	$16,939.99
Total payable by Tenant to Landlord	$16,939.99

Akshaya Investments Limited must pay Body Corporate 472616 $16,939.99, calculated as follows: DescriptionsApplicant Levies (due 30/09/2023-31/01/2025 less part payments made) $14,139.51 Costs$1,827.75 Interest$472.73 Filing Fee$500.00 Total payable by Respondent to Applicant $16,939.99

Akshaya Investments Limited must pay the debt in order 1 at the rate of $2000.00 per month.

The first payment must be made on 7 March 2025 and payments must continue every month on the 7 th day of the month until the debt is paid in full.

If the respondent fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by video conference.

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. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.

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. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount claimed.

The unit owner does not dispute the levies claimed, he explained the difficulties in September 2023 which led to the arrears and has been making regular instalment payments. The unit owner queried whether a payment made by him on 5 February 2025 was included and I am satisfied that it is included in the Body Corporate Administration Statement dated 7 February 2025 which is provided in evidence.

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.

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. Instalment payment of debt

The respondent owner does not dispute the debt claimed but seeks to repay the debt at a rate of $2000.00 per month payable on the 7 th of each month with the first payment due on 7 March 2025. He has indicated this is a minimum amount and more will be paid if possible.

The applicant opposes instalment payments and seeks the full amount immediately.

The Tribunal may make any order subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. See section 176 Unit Titles Act 2010 and section 78(3) Residential Tenancies Act 1986.

I am satisfied that the respondent has demonstrated regular payments towards the debt and the amount of levies ordered today is less than the amount in the original claim filed. Therefore, I make the order for instalment payments as sought. The instalment payments for the debt are in addition to any future levy payments due.

Claims and awards in Tenancy Tribunal application 9060984 — net $16,939.99 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
calculated as follows: DescriptionsApplicant Levies (due 30/09/2023-31/01/2025 less part payments made	$14,139.51	calculated as follows: DescriptionsApplicant Levies (due 30/09/2023-31/01/2025 less part payments made
Costs	$1,827.75	Costs
Interest	$472.73	Interest
Filing Fee	$500.00	Filing Fee
Net award	$16,939.99
Total payable by Tenant to Landlord	$16,939.99

Order

Akshaya Investments Limited must pay Body Corporate 472616 $16,939.99, calculated as follows: DescriptionsApplicant Levies (due 30/09/2023-31/01/2025 less part payments made) $14,139.51 Costs$1,827.75 Interest$472.73 Filing Fee$500.00 Total payable by Respondent to Applicant $16,939.99
Akshaya Investments Limited must pay the debt in order 1 at the rate of $2000.00 per month.
The first payment must be made on 7 March 2025 and payments must continue every month on the 7 th day of the month until the debt is paid in full.
If the respondent fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by video conference.
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. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
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. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount claimed.
The unit owner does not dispute the levies claimed, he explained the difficulties in September 2023 which led to the arrears and has been making regular instalment payments. The unit owner queried whether a payment made by him on 5 February 2025 was included and I am satisfied that it is included in the Body Corporate Administration Statement dated 7 February 2025 which is provided in evidence.

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.

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. Instalment payment of debt
The respondent owner does not dispute the debt claimed but seeks to repay the debt at a rate of $2000.00 per month payable on the 7 th of each month with the first payment due on 7 March 2025. He has indicated this is a minimum amount and more will be paid if possible.
The applicant opposes instalment payments and seeks the full amount immediately.
The Tribunal may make any order subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. See section 176 Unit Titles Act 2010 and section 78(3) Residential Tenancies Act 1986.
I am satisfied that the respondent has demonstrated regular payments towards the debt and the amount of levies ordered today is less than the amount in the original claim filed. Therefore, I make the order for instalment payments as sought. The instalment payments for the debt are in addition to any future levy payments due.

Tenancy Tribunal case 9060984 — Tenancy dispute in New Lynn, Auckland

At a glance

Tenancy Tribunal case 9060984 — Tenancy dispute in New Lynn, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions