What was Tenancy Tribunal case 9066684 about?

The tribunal order states: Talisman Properties Trust Limited must pay Body Corporate 354782 $22,927.16

How much money was awarded in case 9066684?

Costs: Body Corporate: $1,138.50 awarded to landlord; Costs: Legal At Hearing: $300.00 awarded to landlord; Costs: Legal To 16 October: $8,424.33 awarded to landlord; Filing Fee: $500.00 awarded to landlord; ORDER Immediately, Calculated As Fol…: $11,025.65 awarded to landlord

What type of tenancy dispute was case 9066684?

The dispute type was not classified.

Where can I read the official tribunal order for case 9066684?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12568623-Tribunal_Order.pdf.

What was Tenancy Tribunal case 9066684 about?

The tribunal order states: Talisman Properties Trust Limited must pay Body Corporate 354782 $22,927.16

How much money was awarded in case 9066684?

Costs: Body Corporate: $1,138.50 awarded to landlord; Costs: Legal At Hearing: $300.00 awarded to landlord; Costs: Legal To 16 October: $8,424.33 awarded to landlord; Filing Fee: $500.00 awarded to landlord; ORDER Immediately, Calculated As Fol…: $11,025.65 awarded to landlord

What type of tenancy dispute was case 9066684?

The dispute type was not classified.

Where can I read the official tribunal order for case 9066684?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12568623-Tribunal_Order.pdf.

Eden Terrace, Auckland Tenancy Tribunal Case 9066684 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 9066684 — net $22,927.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER immediately, calculated as follows DescriptionsApplicantRespondent Levy- ordinary and roofing as at 28 July 2025	$11,025.65	ORDER immediately, calculated as follows DescriptionsApplicantRespondent Levy- ordinary and roofing as at 28 July 2025
Costs: Body Corporate	$1,138.50	Costs: Body Corporate
Costs: Legal to 16 October	$8,424.33	Costs: Legal to 16 October
Costs: Legal at hearing	$300.00	Costs: Legal at hearing
Filing Fee	$500.00	Filing Fee
Net award	$22,927.16
Total payable by Tenant to Landlord	$22,927.16

Claims and awards in Tenancy Tribunal application 9066684 — net $22,927.16 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER immediately, calculated as follows DescriptionsApplicantRespondent Levy- ordinary and roofing as at 28 July 2025	$11,025.65	ORDER immediately, calculated as follows DescriptionsApplicantRespondent Levy- ordinary and roofing as at 28 July 2025
Costs: Body Corporate	$1,138.50	Costs: Body Corporate
Costs: Legal to 16 October	$8,424.33	Costs: Legal to 16 October
Costs: Legal at hearing	$300.00	Costs: Legal at hearing
Filing Fee	$500.00	Filing Fee
Net award	$22,927.16
Total payable by Tenant to Landlord	$22,927.16

Order

Talisman Properties Trust Limited must pay Body Corporate 354782 $22,927.16 immediately, calculated as follows: DescriptionsApplicantRespondent Levy- ordinary and roofing as at 28 July 2025 $11,025.65 Costs: Body Corporate$1,138.50 Costs: Legal to 16 October$8,424.33 Costs: Legal at hearing$300.00 Filing Fee$500.00 Total award$21,388.48 Total interest on levies only.$1,538.68 Total award with interest$22,927.16 Total payable by Respondent to Applicant $22,927.16

Reasons

Both parties attended the hearing held on the 16 October 2025. I reserved my decision at the end of the hearing and asked for further written submissions from the parties.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The unit owner disputes liability on the basis that he had understood from discussions with the Body Corporate representative in late August 2024 that if he paid a settlement figure of $7034.23 then all his levies would be paid. He says that the funds were not applied as he expected, and this led to the Body Corporate issuing demands for money he believed had already been paid. The unit owner says that when he questioned the balances and the demand letters, he was given confusing information. He says that because no one could tell him exactly how the debt was made up he could not make payment. He says that the costs charged by the Body Corporate are unreasonable and inflated. He says that the Body Corporate also made demand for costs that had already been paid.
The unit owner submitted that he accepts that he is liable for the levies that are owed but says he should not be responsible for the interest, costs of collection, legal costs and filing fee requested by the Body Corporate because he understood that he had paid all that was owed to avoid collection and legal proceedings.
The Body Corporate says that in addition to the ordinary levies, there was also levies for the roofing maintenance that the unit owner was liable for. The Body Corporate separately accounted for these levies which were all invoiced to the unit owner. These invoices are shown in a different statement to that of the ordinary levies. This was called an ‘activity statement’ in correspondence sent to the unit owner.
The Body Corporate says that the unit owner was aware of his obligation to pay both levies, and the roofing maintenance costs and that the discussions with the Body Corporate representative was only to pay the outstanding ordinary levies. The Body Corporate says that the unit owner has received invoices for all the levies, whether they be for ordinary levies or roofing maintenance costs and that the unit owner also had access to the Body Corporate’s online portal which showed in real time the balances owed for both the annual levies and the roofing maintenance costs.

What levies are owed?

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 did not pay the levies by that date.
The unit owner had up until 2022 paid his levies on time. However, in late 2022 he became unwell, and he tells me that this impacted on his ability to pay the levies.
The unit owner seemingly accepted that he was liable for both the ordinary and roofing levies in his submissions, however, I consider it helpful to set out what each levy was and when it was paid.
The Body Corporate says that the following annual levies remained were owing as at 25 July 2025. 1 Due Date Description Invoice number

Period Amount due Paid?

28 May 2023Levies – normal 1/5/23- 31/07/23 $919.21Pd in full by payments in 8/24 and 6/9/24 28 August 2023 Levies normal 46211/8/23- 31/10/23 $993.40Pd in full by payments in 8/24 and 6/9/24 28 November 2023 Levies normal 505701/11/23- 31/01/24 $1058.86Pd in full by payments in 8/24 and 6/9/24 10 March 2024 Levies normal 52291/2/24- 30/4/24 $1058.86Pd in full by payments in 8/24 and 6/9/24 10 June 2024 Levies normal 54161/5/24- 31/07/24 $1058.86Pd in full by payments in 8/24 and 6/9/24 29 August 2024 Levies normal 49211/8/24- 31/10/24 $993.40Pd in full by payments 1 This was the date of the first hearing, that was subsequently adjourned. I have submissions from the Applicant showing the amounts owed to that date. I have therefore only calculated levies due to that date.

in 8/24 and 6/9/24 28 November 2024 Levies normal 5070 1/11/24- 31/01/25 $1146.36 28 February 2025 Levies normal 52291/2/25- 30/4/25 $1146.36Paid in full. 28 May 2025Levies normal54161/5/25 - 31/07/25 $1146.36 5 June 2025 Levies normal lift 55751/08/24- 31/10/24 $57.73 Total $9579.38Total amount paid $7228.95 Note that the total in this table is higher than that of the Applicants submissions of the 28 July 2025, this is due to an addition error for the 2023/2024 levies in the Applicants submissions at paragraph 15, those levies total $4169.96 not $4094.85

The Body Caproate submitted that the following roof maintenance levies were also issued and due:
In the Applicant’s submissions the Body Corporate has calculated the amount owed by the owner as being the total of the levies (both ordinary and roof), interest, costs of collection, legal fees and filing less payments made.
The unit owner submits that the correct calculation should be the levies plus interest less any payments made, and only then the Tribunal should consider the costs of collection. Essentially the unit owner’s argument is that the Body Corporate is not entitled to collect collection costs, especially legal fees until ordered to by the Tribunal.
I consider both parties to be somewhat correct in their interpretation section 124 UTA allows the Body Corporate to recover levies, interest and any reasonable collection costs as a debt from the unit owner.
However, when there is a dispute about what are the reasonable costs of collection, then that should be determined by the Tribunal. How the Body Corporate should apply/ appropriate payments.
Body Corporate should apply the payments by unit owners towards levies as follows: a. Payment should be made to any debt referenced by the payee. b. If the payee has not referenced the debt in their payment, then the Body Corporate should apply it to the debt that by inference, appears to have been paid- for example if the Body Corporate had issued an invoice no 29 for a levy for $1545.36 due on the 30 May and the debtor paid the amount of $1545.36 on the 29 May, there is a reasonable inference that the debtor intended that his payment be applied to invoice 29 in full payment. c. If it is not clear by express or inference what the payment is for, then the debt should be applied to the oldest debt first. (Known as the rule in Claytons).
The owner says that he knew he was in arrears and on the 2 August 2024, he received a letter of demand from the Body Corporate. This letter said that unless payment was made legal action would be taken. The arrears were noted in the letter of demand as $6024.49. The letter referred to overdue levies.
Following receipt of the letter the unit owner had a conversation with the Body Corporate manager representative Ms Viatali on the 13 August 2024, to try and find out what he owed and how it would be paid. Following that discussion Ms Viatali sent him a message that said “I have had confirmation from the BC that they will accept a payment arrangement based on the following. 1) You pay $3,000 now. Total outstanding is now $7,034.23 2) Balance owed to be paid off monthly and as the Financial Year has ended suggest this is cleared within 3 months. 3) All upcoming levies are also paid on time (actual due dates yet to be set at the upcoming AGM but based on last year anticipate due dates end of November 2024, February 2025 & May 2025) 4) Please note that there is a cost to set up a Payment Plan -50+gst Arranged Payment Set up Fee plus $5+gst per payment. Arranged Payment Administration Fee. Please confirm asap this is acceptable and what time frame you will clear the balance owed which now also includes interim levies due 29/8/2024.” (Adjudicator’s own emphasis)
The owner made the following payments: Date of payment Amount Where the Owner thought it should be applied and why Where it was applied. 29 November 2023 $4692.00Roof exactly matches invoice 4334 and due date. Roofing levy 23 August 2024 $3000.00Levies – as per his discussion with Ms Vitali. Ordinary levy 6 September 2024 $4034.23Levies as per his discussion with Ms Vitali Ordinary levy 28 January 2025 $1359.85Roof invoice 267 (matches amount due and issued 17 December 2024 Roofing levy 28 February 2025 $1146.36Levies matches invoice 5529 Ordinary Levy. 7 April 2025 $1856.40Roof Roofing levy
If the payments had been applied as per the owners’ expectations, then as at the 25 July 2025 the following amounts would be owed: Levies Total ordinary levies owed $9579.38 Less paid $7228.79 (note that the payments in august 2024 and 6 September included interest) = levies owed $2350.45 Roof levies Total owed = $16583.45 Less payments made $4692 +1359.85 +1856.40= 7908.25 Total roof levies owed after payments= $8675.20
The Body Corporate submitted that at the time the Respondent and Ms Viatali had this conversation that Ms Viatali reference to the total outstanding was only for the ordinary levies. They were not discussing the roofing maintenance costs because those were not included in the demand letter dated 2 August 2024. The Body Corporate says that it would be unfair for the Respondent to be alleviated of his obligation to pay the roofing maintenance levies on the basis that Ms Viatali has advised that the total outstanding only for the ordinary levies because the Respondent knew from the invoices he had been given that the amounts owed for both the roofing and maintenance costs were more than that.
I agree, I do not consider that the unit owner is alleviated of his responsibility to pay the levies for the following reasons: • The unit owner had been provided with invoices for all the levies that were outstanding. He was aware that both the ordinary levies and roofing maintenance levies were owed. • It is not clear from the email what the context of the conversation was between Ms Viatali and the unit owner, for example were they only discussing the ordinary levies? Were they talking at cross purposes- Ms Vitali thinking the unit owner was asking about what ordinary levies were owed and the unit owner thinking that he was asking for the all the levies, roofing and ordinary. • The words total amount outstanding are not a full and final settlement amount. • The purpose of the UTA is to ensure that all unit owners pay fairly for their contribution. It would be unfair for the unit owner to not pay his share of the levies which benefit his property.
Therefore, I am satisfied that the amounts owed by the unit owner for the levies as at 28 July 2025 are: • Ordinary levies $2350.45 • Roofing Maintenance levies $8675.20

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. I have calculated the interest owed in respect of the levies that I have determined to be outstanding from the date that the levies were due.
There is no interest owed on any of the ordinary levies that were paid up until the 6 September 2024.

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.
The unit owner contends that he should not have to pay any costs of collection, filing fee or legal fees because at the date that the costs were incurred, he did not owe the money for the amounts that the Body Corporate or the lawyer sought.
On the 2 August 2024 the Body Corporate sent a letter of demand to the unit owner which was entitled “Final Notice of overdue levies” This set out an amount to be paid of $6024.49. The unit owner made contact with the Body Corporate in or about 8 August to arrange a payment plan so that he was not in arrears and no further collection costs would be incurred. This resulted in his discussion with Ms Vitali on the 13 August and the payments in late August and 6 September. I am satisfied that by the 6 September that the unit owner had paid the outstanding annual levies for the 2024 plus interest together with the first levy of $993.40 the 2024/ 2025 year which was due on the 29 August. In other words, as at 6 September the unit owner had cleared his ordinary levy debt.
However, the unit owner had not cleared the remedial levy (roofing maintenance debt). The unit owner corresponded ended with Ms Zhu from the Body Corporate about this debt after receiving a final demand for outstanding balances from her on the 15 November 2024.
The confusion stems from the unit owner’s understanding that he had paid all amounts owing, when he had only paid the ordinary levies. The confusion seems to have been exacerbated by different people at the Body Corporate management dealing with the different accounts, one dealing with ordinary levies (Ms Vitali) and the other dealing with the remedial (roofing maintenance) levies which were referred to as an activity statement (Ms Zhu). I also consider that the activity statement should have been clearer about what the activity statement was for. It is clear then that amounts were due and owing for the roofing maintenance by the unit owner an had been overdue for some time.
The Body Corporate filed its claim with the Tribunal on the 17 April 2025, at that stage it was seeking $13,312.37 made up of ordinary levies overdue and the roofing maintenance levies overdue together with collection costs of 1081.00.
In the submissions of 25 July the Body Corporate sought collections charges of $2173.50 being 36.
The pre Contract Disclosure statement costs , whilst being owed by the unit owner is NOT a cost of collection and therefore I cannot order it.
The Body Corporate also sought legal fees of $7739.83 made up of Invoice 9 May $517.25 Invoice 9 May $2841.08 WIP to 29 July 2025=$4381.50
At the hearing of the 16 October the Body Corporate submitted that their WIP was now to date including attendances at the hearing of $5066.00
I am satisfied that the costs ordered above are reasonable for the following reasons: • The collection charges are reasonable for the work that the Body Corporate management company did in trying to recover the levy debt. • It is unreasonable to expect other owners to bear the costs of paying the Body Corporate Manager for the collection of levies from recalcitrant debtors. • It was the unit owner’s responsibility to understand the nature of the levies being requested. Whilst I understand where the confusion arose from, it appears that even when this was explained to him by the Body Corporate’s lawyers in correspondence on the 12 February 2025, that he refused to accept what he was being told. • He has not been charged for debt collection fees for any period that he did not owe fees. • The fees are charged for the work done; they are not based on the value of the debt owed. • The amounts also include time in attendance for the hearing on the 16 October 2025 of 90 minutes at $200 per hour. • They are for the type of work and time that I would expect to see for a lawyer undertaking this type of work Filing fee.
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 9066684 — Tenancy dispute in Eden Terrace, Auckland

At a glance

Award balance

Tenancy Tribunal case 9066684 — Tenancy dispute in Eden Terrace, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

What levies are owed?

Period Amount due Paid?

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

Claims & awards

Order

Reasons

What levies are owed?

Period Amount due Paid?

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