What was Tenancy Tribunal case 9064524 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 346805 $43,164.66 immediately,

How much money was awarded in case 9064524?

Costs: Attendance At Hearing: $395.00 awarded to landlord; Costs: Debt Collection: $667.00 awarded to landlord; Costs: Legal Costs: $9,866.99 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest:: $2,437.55 awarded to landlord; Overdue Levies: $29,298.12 awarded to landlord

What type of tenancy dispute was case 9064524?

The primary dispute was Unit Titles. Related themes: Costs, Interest.

Where can I read the official tribunal order for case 9064524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12380537-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9064524 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 346805 $43,164.66 immediately,

How much money was awarded in case 9064524?

Costs: Attendance At Hearing: $395.00 awarded to landlord; Costs: Debt Collection: $667.00 awarded to landlord; Costs: Legal Costs: $9,866.99 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest:: $2,437.55 awarded to landlord; Overdue Levies: $29,298.12 awarded to landlord

What type of tenancy dispute was case 9064524?

The primary dispute was Unit Titles. Related themes: Costs, Interest.

Where can I read the official tribunal order for case 9064524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12380537-UTA_Tribunal_Order.pdf.

Mt Wellington, Auckland Tenancy Tribunal Case 9064524 — Unit Titles

Order

Claims and awards in Tenancy Tribunal application 9064524. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Overdue Levies	$29,298.12	Overdue Levies
Costs: Debt Collection	$667.00	Costs: Debt Collection
Costs: Legal Costs	$9,866.99	Costs: Legal Costs
Costs: Attendance at Hearing	$395.00	Costs: Attendance at Hearing
Filing Fee	$500.00	Filing Fee
Interest: to 8 September 2025	$2,437.55	Interest: to 8 September 2025

[The party], [The party] must pay Body Corporate 346805 $43,164.66 immediately, calculated as follows: DescriptionsApplicant Overdue Levies$29,298.12 Costs: Debt Collection$667.00 Costs: Legal Costs$9,866.99 Costs: Attendance at Hearing$395.00 Filing Fee$500.00 Interest: to 8 September 2025$2,437.55 Total award$43,164.66

Reasons

Counsel for both parties attended the hearing by telephone. Mr Finnegan of the Body Corporate also attended by telephone.

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

It appeared, from memoranda filed before the hearing, that the unit owner accepted the claims.

Counsel for the unit owner confirmed that there was no substantive dispute over the amounts claimed. Rather, they wanted to provide context to the non-payment of levies and asked the Tribunal to encourage the parties to work towards a subdivision of this (commercial) unit from the balance of the Body Corporate (which are residential units).

The matters raised by Counsel for the unit owners are not something I can, or should, consider when determining an application for outstanding levies. If the owner wishes to seek a subdivision, or otherwise make a claim as a minority owner, the Unit Titles Act provides for that.

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.

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 10.00% 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.

Claims and awards in Tenancy Tribunal application 9064524. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Overdue Levies	$29,298.12	Overdue Levies
Costs: Debt Collection	$667.00	Costs: Debt Collection
Costs: Legal Costs	$9,866.99	Costs: Legal Costs
Costs: Attendance at Hearing	$395.00	Costs: Attendance at Hearing
Filing Fee	$500.00	Filing Fee
Interest: to 8 September 2025	$2,437.55	Interest: to 8 September 2025

Order

[The party], [The party] must pay Body Corporate 346805 $43,164.66 immediately, calculated as follows: DescriptionsApplicant Overdue Levies$29,298.12 Costs: Debt Collection$667.00 Costs: Legal Costs$9,866.99 Costs: Attendance at Hearing$395.00 Filing Fee$500.00 Interest: to 8 September 2025$2,437.55 Total award$43,164.66

Reasons

Counsel for both parties attended the hearing by telephone. Mr Finnegan of the Body Corporate also attended by telephone.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
It appeared, from memoranda filed before the hearing, that the unit owner accepted the claims.
Counsel for the unit owner confirmed that there was no substantive dispute over the amounts claimed. Rather, they wanted to provide context to the non-payment of levies and asked the Tribunal to encourage the parties to work towards a subdivision of this (commercial) unit from the balance of the Body Corporate (which are residential units).
The matters raised by Counsel for the unit owners are not something I can, or should, consider when determining an application for outstanding levies. If the owner wishes to seek a subdivision, or otherwise make a claim as a minority owner, the Unit Titles Act provides for that.

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.

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 10.00% 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.

Tenancy Tribunal case 9064524 — Unit Titles in Mt Wellington, Auckland

At a glance

Tenancy Tribunal case 9064524 — Unit Titles in Mt Wellington, Auckland

At a glance

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.

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.