What was Tenancy Tribunal case 9069624 about?

The tribunal order states: [The party] must pay Body Corporate 343951 $1967.50 immediately,

How much money was awarded in case 9069624?

Costs: Crockers Debt Recovery: $138.00 awarded to landlord; Costs: Legal: $1,329.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord

What type of tenancy dispute was case 9069624?

The dispute type was not classified.

Where can I read the official tribunal order for case 9069624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12633027-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9069624 about?

The tribunal order states: [The party] must pay Body Corporate 343951 $1967.50 immediately,

How much money was awarded in case 9069624?

Costs: Crockers Debt Recovery: $138.00 awarded to landlord; Costs: Legal: $1,329.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord

What type of tenancy dispute was case 9069624?

The dispute type was not classified.

Where can I read the official tribunal order for case 9069624?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12633027-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9069624 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 9069624 — net $1,967.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: Crockers Debt Recovery	$138.00	Costs: Crockers Debt Recovery
Filing Fee	$500.00	Filing Fee
Costs: Legal	$1,329.50	Costs: Legal
Net award	$1,967.50
Total payable by Tenant to Landlord	$1,967.50

Order

[The party] must pay Body Corporate 343951 $1967.50 immediately, calculated as follows: DescriptionsApplicant Costs: Crockers Debt Recovery$138.00 Filing Fee$500.00 Costs: Legal$1329.50 Total award$1967.50 Total payable by Respondent to Applicant $1967.50

Reasons

Both parties attended the hearing. The Application:
The Body Corporate applies for: a. Special Levy of $5245.75 b. Body Corporate handover and debt recovery costs of $667.00 c. Legal Costs of $1329.50 d. Filing Fee of $500.00 e. Penalty Interest of $148.00 to 23 June 2025
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.
A unit owner must pay all body corporate levies, special levies, and outgoings payable for the unit. See s80(1)(f) and s121(1) Unit Titles Act 2010.
On 25 th July 2024, the Body Corporate held an Annual General Meeting where it resolved to replace the boiler system in the building and raise a special levy to cover the cost of the project, in conjunction with the Long Term Maintenance Fund. The special levy of $5245.75 per unit was issued on 7 August 2024 and due on 30 September 2024 and confirmed an interest rate of 10% per annum on arrears.
The replacement boiler system began in November 2024 and carried on until April 2025. During this time, the property regularly did not have hot water, and on occasion any water supply to the building. The tenants of the Respondents unit had to vacate their home permanently because of the unreliable water supply. The Respondent was unable to rent out her property and has incurred considerable financial hardship as a result.
The Respondent communicated with Crockers Body Corporate Management LTD (“Crockers”) to request an instalment arrangement for the special levy on the day the invoice was issued.
On 12 August 2025 Crockers, on behalf of the Body Corporate, advised the Respondent that there were no options for a payment plan and was directed to a loan provider.
The Respondent sought a loan but was unable to afford the repayments on top of her mortgage commitments and standard levies. Discussions continued between the parties about resolving the issues until December 2024.
The Body Corporate has determined the special levy payable, and the Respondent’s share has been calculated. The Respondent has not paid the levies by the specified due date.
The Respondent has paid the Special Levy of $5245.75 and the administration fee of $28.75 on 13 July 2025.
The Applicant seeks to claim the other costs and filing fee as set out above.

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.
Penalty interest serves as a penalty for late payment of money owed and to encourage unit owners to pay their levies on time.
I consider that in these circumstances as set out above, consideration should be made to waiving or reducing the penal interest. The Respondent was not refusing to pay the special levy, she was trying to work out a payment plan with the Body Corporate and/or obtain a loan to pay the levy. The fact that there was no water or hot water for 5 months ensured that the Respondent could not obtain the rent she should have been receiving over this period.
Given the circumstances the Body Corporate should have waived the penalty interest component of their claim. I am dismissing the Applicants claim for the penalty interest. I accept it is within the Body Corporate rules and they are entitled to apply them, but this seems unfairly harsh on the Respondent is these circumstances.

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. Debt Recovery Costs:
The Applicant seeks to claim Debt recovery costs and provided the Tribunal with copies of 4 letters sent to the Respondent reminding her of her overdue special levy and attaching a statement on one occasion.
The first letter dated 16 October 2024 was invoiced at $69.00 to the Respondent. The subsequent “reminder Notice of Overdue levies were dated 4 November 2024, 22 November 2024 and 9 December 2024 were billed as $115, $241.50, and $241.50.
I consider the cost of these identical reminder notices every fortnight to be excess.
While I accept the Applicant should receive some compensation for the additional costs, I do not accept these costs are reasonable.
I am awarding to sum of $138.00 which represents two monthly reminder notices at $69.00 each. Legal Costs Recoverable for Unpaid Special Levies
The Body Corporate is entitled to recover from a unit owner any unpaid special levies, together with any reasonable costs incurred in the collection of those levies, pursuant to section 124 of the Unit Titles Act 2010.
This includes legal costs, provided they are reasonable and directly related to the recovery of the outstanding levies. The courts and Tribunal have consistently confirmed that solicitor/client costs may be awarded in such cases, so long as the costs claimed are not excessive or disproportionate to the amount owing. (See, for example, Body Corporate 346799 v Gueirard & Vu NZDC 19645; Body Corporate 162791 v Gilbert and QSM Trustees Ltd NZCA 185; Exuberant Limited v Quinovic Property Management Limited NZHC 3533.)
I have considered the two invoices provided from Pigeon Judd and consider they are reasonable and directly related to the recovery of the outstanding levies. I award the legal costs of $1329.50 to the Applicant in legal costs. Filing Fee:
Because the body corporate has succeeded with the claim, I have reimbursed the filing fee of $500.00. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 9069624 — net $1,967.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: Crockers Debt Recovery	$138.00	Costs: Crockers Debt Recovery
Filing Fee	$500.00	Filing Fee
Costs: Legal	$1,329.50	Costs: Legal
Net award	$1,967.50
Total payable by Tenant to Landlord	$1,967.50

Order

[The party] must pay Body Corporate 343951 $1967.50 immediately, calculated as follows: DescriptionsApplicant Costs: Crockers Debt Recovery$138.00 Filing Fee$500.00 Costs: Legal$1329.50 Total award$1967.50 Total payable by Respondent to Applicant $1967.50

Reasons

Both parties attended the hearing. The Application:
The Body Corporate applies for: a. Special Levy of $5245.75 b. Body Corporate handover and debt recovery costs of $667.00 c. Legal Costs of $1329.50 d. Filing Fee of $500.00 e. Penalty Interest of $148.00 to 23 June 2025
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.
A unit owner must pay all body corporate levies, special levies, and outgoings payable for the unit. See s80(1)(f) and s121(1) Unit Titles Act 2010.
On 25 th July 2024, the Body Corporate held an Annual General Meeting where it resolved to replace the boiler system in the building and raise a special levy to cover the cost of the project, in conjunction with the Long Term Maintenance Fund. The special levy of $5245.75 per unit was issued on 7 August 2024 and due on 30 September 2024 and confirmed an interest rate of 10% per annum on arrears.
The replacement boiler system began in November 2024 and carried on until April 2025. During this time, the property regularly did not have hot water, and on occasion any water supply to the building. The tenants of the Respondents unit had to vacate their home permanently because of the unreliable water supply. The Respondent was unable to rent out her property and has incurred considerable financial hardship as a result.
The Respondent communicated with Crockers Body Corporate Management LTD (“Crockers”) to request an instalment arrangement for the special levy on the day the invoice was issued.
On 12 August 2025 Crockers, on behalf of the Body Corporate, advised the Respondent that there were no options for a payment plan and was directed to a loan provider.
The Respondent sought a loan but was unable to afford the repayments on top of her mortgage commitments and standard levies. Discussions continued between the parties about resolving the issues until December 2024.
The Body Corporate has determined the special levy payable, and the Respondent’s share has been calculated. The Respondent has not paid the levies by the specified due date.
The Respondent has paid the Special Levy of $5245.75 and the administration fee of $28.75 on 13 July 2025.
The Applicant seeks to claim the other costs and filing fee as set out above.

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.
Penalty interest serves as a penalty for late payment of money owed and to encourage unit owners to pay their levies on time.
I consider that in these circumstances as set out above, consideration should be made to waiving or reducing the penal interest. The Respondent was not refusing to pay the special levy, she was trying to work out a payment plan with the Body Corporate and/or obtain a loan to pay the levy. The fact that there was no water or hot water for 5 months ensured that the Respondent could not obtain the rent she should have been receiving over this period.
Given the circumstances the Body Corporate should have waived the penalty interest component of their claim. I am dismissing the Applicants claim for the penalty interest. I accept it is within the Body Corporate rules and they are entitled to apply them, but this seems unfairly harsh on the Respondent is these circumstances.

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. Debt Recovery Costs:
The Applicant seeks to claim Debt recovery costs and provided the Tribunal with copies of 4 letters sent to the Respondent reminding her of her overdue special levy and attaching a statement on one occasion.
The first letter dated 16 October 2024 was invoiced at $69.00 to the Respondent. The subsequent “reminder Notice of Overdue levies were dated 4 November 2024, 22 November 2024 and 9 December 2024 were billed as $115, $241.50, and $241.50.
I consider the cost of these identical reminder notices every fortnight to be excess.
While I accept the Applicant should receive some compensation for the additional costs, I do not accept these costs are reasonable.
I am awarding to sum of $138.00 which represents two monthly reminder notices at $69.00 each. Legal Costs Recoverable for Unpaid Special Levies
The Body Corporate is entitled to recover from a unit owner any unpaid special levies, together with any reasonable costs incurred in the collection of those levies, pursuant to section 124 of the Unit Titles Act 2010.
This includes legal costs, provided they are reasonable and directly related to the recovery of the outstanding levies. The courts and Tribunal have consistently confirmed that solicitor/client costs may be awarded in such cases, so long as the costs claimed are not excessive or disproportionate to the amount owing. (See, for example, Body Corporate 346799 v Gueirard & Vu NZDC 19645; Body Corporate 162791 v Gilbert and QSM Trustees Ltd NZCA 185; Exuberant Limited v Quinovic Property Management Limited NZHC 3533.)
I have considered the two invoices provided from Pigeon Judd and consider they are reasonable and directly related to the recovery of the outstanding levies. I award the legal costs of $1329.50 to the Applicant in legal costs. Filing Fee:
Because the body corporate has succeeded with the claim, I have reimbursed the filing fee of $500.00. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9069624 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9069624 — Tenancy dispute in Auckland Central, 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

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