What was Tenancy Tribunal case 9062504 about?

The tribunal order states: [The party] must pay Body Corporate 501310 $14,698.77 immediately,

How much money was awarded in case 9062504?

Costs: PBB attendance at hearing .5…: $135.00 awarded to landlord; Costs: Price Baker Berridge: $5,406.96 awarded to landlord; Costs: Strata Managment: $1,299.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Levy: $6,970.58 awarded to landlord

What type of tenancy dispute was case 9062504?

The dispute type was not classified.

Where can I read the official tribunal order for case 9062504?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11674928-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9062504 about?

The tribunal order states: [The party] must pay Body Corporate 501310 $14,698.77 immediately,

How much money was awarded in case 9062504?

Costs: PBB attendance at hearing .5…: $135.00 awarded to landlord; Costs: Price Baker Berridge: $5,406.96 awarded to landlord; Costs: Strata Managment: $1,299.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Levy: $6,970.58 awarded to landlord

What type of tenancy dispute was case 9062504?

The dispute type was not classified.

Where can I read the official tribunal order for case 9062504?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11674928-UTA_Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9062504 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9062504 — net $14,698.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: PBB attendance at hearing .5 hours	$135.00	Costs: PBB attendance at hearing .5 hours
Levy	$6,970.58	Levy
Costs: Strata Managment	$1,299.50	Costs: Strata Managment
Costs: Price Baker Berridge	$5,406.96	Costs: Price Baker Berridge
Filing Fee	$500.00	Filing Fee
Net award	$14,698.77
Total payable by Tenant to Landlord	$14,698.77

[The party] must pay Body Corporate 501310 $14,698.77 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$6,970.58 Costs: Strata Managment$1,299.50 Costs: Price Baker Berridge$5,406.96 Costs: PBB attendance at hearing .5 hours $135.00 Filing Fee$500.00 Total award$14,312.04 Total interest$386.73 Total award with interest$14,698.77 Total payable by Respondent to Applicant $14,698.77

Reasons

Ms McGregor for the body corporate attended the hearing on the 4 April 2025. The unit owner [The party] did not attend via video link and did not answer the telephone when called twice on both numbers listed in the application. I have therefore proceeded to hear the claim without [The party] being present as I am satisfied, they have been given notice of today’s hearing and have not attended.

The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

[The party] is the owner of Unit 2P and Unit 401.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the units. 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. 1

I note that the body corporate submitted in paragraph 19 of the submissions dated 1 April 2025 that the total of the levies was $6,994.58, but this appears to be an addition mistake as the levies owed are: 2 Unit 2P Levies $302.50 for 15/7/24 and $302.50 for 15/11/2024 making a total of $605.00 Unit 401 levies $3182.79 for 15/7/24 and $3182.79 for 15/11/2024 making a total of $ 6365.58 The total of both is $6970.58.

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.

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 1 See AGM minutes 26 June 2024. 2 Paragraph 6 of the submissions dated 1 April 2025 sets out the levies owed. 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.

Claims and awards in Tenancy Tribunal application 9062504 — net $14,698.77 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: PBB attendance at hearing .5 hours	$135.00	Costs: PBB attendance at hearing .5 hours
Levy	$6,970.58	Levy
Costs: Strata Managment	$1,299.50	Costs: Strata Managment
Costs: Price Baker Berridge	$5,406.96	Costs: Price Baker Berridge
Filing Fee	$500.00	Filing Fee
Net award	$14,698.77
Total payable by Tenant to Landlord	$14,698.77

Order

[The party] must pay Body Corporate 501310 $14,698.77 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$6,970.58 Costs: Strata Managment$1,299.50 Costs: Price Baker Berridge$5,406.96 Costs: PBB attendance at hearing .5 hours $135.00 Filing Fee$500.00 Total award$14,312.04 Total interest$386.73 Total award with interest$14,698.77 Total payable by Respondent to Applicant $14,698.77

Reasons

Ms McGregor for the body corporate attended the hearing on the 4 April 2025. The unit owner [The party] did not attend via video link and did not answer the telephone when called twice on both numbers listed in the application. I have therefore proceeded to hear the claim without [The party] being present as I am satisfied, they have been given notice of today’s hearing and have not attended.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
[The party] is the owner of Unit 2P and Unit 401.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the units. 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. 1
I note that the body corporate submitted in paragraph 19 of the submissions dated 1 April 2025 that the total of the levies was $6,994.58, but this appears to be an addition mistake as the levies owed are: 2 Unit 2P Levies $302.50 for 15/7/24 and $302.50 for 15/11/2024 making a total of $605.00 Unit 401 levies $3182.79 for 15/7/24 and $3182.79 for 15/11/2024 making a total of $ 6365.58 The total of both is $6970.58.
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.

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 1 See AGM minutes 26 June 2024. 2 Paragraph 6 of the submissions dated 1 April 2025 sets out the levies owed. 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.

Tenancy Tribunal case 9062504 — Tenancy dispute in Auckland, Auckland

At a glance

Tenancy Tribunal case 9062504 — Tenancy dispute in Auckland, 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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.