What was Tenancy Tribunal case 9069844 about?

The tribunal order states: [The party], [The party], [The party] must pay Body Corporate 175956

How much money was awarded in case 9069844?

Filing Fee: $500.00 awarded to landlord; Hr Plus GST – Adjusted To 1 Hour: $316.25 awarded to landlord; Interest: $1,440.14 awarded to landlord; Legal Costs: $287.50 awarded to landlord; Levy: $26,404.03 awarded to landlord; Section 124 Costs Including GST And…: $4,809.75 awarded to landlord

What type of tenancy dispute was case 9069844?

The dispute type was not classified.

Where can I read the official tribunal order for case 9069844?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12534697-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9069844 about?

The tribunal order states: [The party], [The party], [The party] must pay Body Corporate 175956

How much money was awarded in case 9069844?

Filing Fee: $500.00 awarded to landlord; Hr Plus GST – Adjusted To 1 Hour: $316.25 awarded to landlord; Interest: $1,440.14 awarded to landlord; Legal Costs: $287.50 awarded to landlord; Levy: $26,404.03 awarded to landlord; Section 124 Costs Including GST And…: $4,809.75 awarded to landlord

What type of tenancy dispute was case 9069844?

The dispute type was not classified.

Where can I read the official tribunal order for case 9069844?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12534697-UTA_Tribunal_Order.pdf.

Remuera, Auckland Tenancy Tribunal Case 9069844 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9069844 — net $33,757.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Section 124 costs including GST and disbursements	$4,809.75	Section 124 costs including GST and disbursements
hr plus GST – adjusted to 1 hour	$316.25	hr plus GST – adjusted to 1 hour
Levy	$26,404.03	Levy
Interest	$1,440.14	Interest
Debt collection costs	$287.50	Debt collection costs
Filing Fee	$500.00	Filing Fee
Net award	$33,757.67
Total payable by Tenant to Landlord	$33,757.67

[The party], [The party], [The party] must pay Body Corporate 175956 $33,757.67 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$26,404.03 Interest$1,440.14 Debt collection costs$287.50 Section 124 costs including GST and disbursements $4,809.75 Appearance at the hearing ($275.00 per hr plus GST – adjusted to 1 hour) $316.25 Filing Fee$500.00 Total award$33,757.67 Total payable by Respondent to Applicant $33,757.67

Reasons

Ms Naidoo attended the hearing for the applicant. Mr Loo attended for the respondents.

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

The Body Corporate’s position is that the respondents have not paid operational and special levies falling due between 31 July and 30 September 2025. The unpaid amount totals $26,404.03. The applicant also claims interest, debt collection costs, legal fees, and the filing fee. The applicant has provided full documentary evidence of the invoices, reminders, interest schedule, and supporting communications.

The respondents acknowledge the debt but explain that longstanding maintenance issues, particularly water ingress in the unit since 2022, have made the apartment difficult to rent. This has placed financial strain on them. As a result, they have opted to sell the apartment and have provided a listing agreement to confirm this. No dispute was raised over the actual amounts owed.

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 respondents have not disputed the calculations. I find the levies claimed are properly payable under sections 80(1)(f), 121, and 124(1) UTA, and that the Body Corporate is entitled to recover the $26,404.03 in unpaid levies.

While I accept that the respondents have faced genuine challenges due to maintenance issues affecting their ability to rent the unit, these matters do not provide a legal basis to withhold payment of levies. The Unit Titles Act requires all owners to contribute to shared costs irrespective of individual disputes.

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.

The Unit Owner defaulted on the payment of the levies when due. Unlike businesses, the Body Corporate has no obligation to show "understanding or empathy" or to allow for late payments of levies.

Furthermore, the Tribunal has no discretion to waive or reduce the reasonable collection costs and solicitor-client costs incurred by the Body Corporate in pursuing this claim, even when considering the Unit Owner’s personal circumstances.

As the Body Corporate has succeeded with the claim, I order the respondent to reimburse 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 9069844 — net $33,757.67 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Section 124 costs including GST and disbursements	$4,809.75	Section 124 costs including GST and disbursements
hr plus GST – adjusted to 1 hour	$316.25	hr plus GST – adjusted to 1 hour
Levy	$26,404.03	Levy
Interest	$1,440.14	Interest
Debt collection costs	$287.50	Debt collection costs
Filing Fee	$500.00	Filing Fee
Net award	$33,757.67
Total payable by Tenant to Landlord	$33,757.67

Order

[The party], [The party], [The party] must pay Body Corporate 175956 $33,757.67 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$26,404.03 Interest$1,440.14 Debt collection costs$287.50 Section 124 costs including GST and disbursements $4,809.75 Appearance at the hearing ($275.00 per hr plus GST – adjusted to 1 hour) $316.25 Filing Fee$500.00 Total award$33,757.67 Total payable by Respondent to Applicant $33,757.67

Reasons

Ms Naidoo attended the hearing for the applicant. Mr Loo attended for the respondents.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the Unit Owner.
The Body Corporate’s position is that the respondents have not paid operational and special levies falling due between 31 July and 30 September 2025. The unpaid amount totals $26,404.03. The applicant also claims interest, debt collection costs, legal fees, and the filing fee. The applicant has provided full documentary evidence of the invoices, reminders, interest schedule, and supporting communications.
The respondents acknowledge the debt but explain that longstanding maintenance issues, particularly water ingress in the unit since 2022, have made the apartment difficult to rent. This has placed financial strain on them. As a result, they have opted to sell the apartment and have provided a listing agreement to confirm this. No dispute was raised over the actual amounts owed.

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 respondents have not disputed the calculations. I find the levies claimed are properly payable under sections 80(1)(f), 121, and 124(1) UTA, and that the Body Corporate is entitled to recover the $26,404.03 in unpaid levies.
While I accept that the respondents have faced genuine challenges due to maintenance issues affecting their ability to rent the unit, these matters do not provide a legal basis to withhold payment of levies. The Unit Titles Act requires all owners to contribute to shared costs irrespective of individual disputes.

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.
The Unit Owner defaulted on the payment of the levies when due. Unlike businesses, the Body Corporate has no obligation to show "understanding or empathy" or to allow for late payments of levies.
Furthermore, the Tribunal has no discretion to waive or reduce the reasonable collection costs and solicitor-client costs incurred by the Body Corporate in pursuing this claim, even when considering the Unit Owner’s personal circumstances.
As the Body Corporate has succeeded with the claim, I order the respondent to reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9069844 — Tenancy dispute in Remuera, Auckland

At a glance

Tenancy Tribunal case 9069844 — Tenancy dispute in Remuera, 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