Tenantcheck Insights · Case study
Tenancy Tribunal case 9070504 — Tenancy dispute in Wellington, Wellington
Decided 11 Nov 2025 · Published 11 Nov 2025 · Application 9070504
- Costs
- Interest
- Ordinary Levy
- Remedial Levy
- Unit Titles
At a glance
Key facts from the published tribunal order.
Location
Wellington
Tribunal region
Adjudicator
M Brennan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $62,274.91
- Total balance for Tenant to pay Landlord
- $62,274.91
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Ordinary Levies | $17,662.89 | Ordinary Levies | |
| Remedial Levies | $23,142.00 | Remedial Levies | |
| On charge – marketing costs | $162.34 | On charge – marketing costs | |
| Interest | $9,720.08 | Interest | |
| BC Collection costs |
Order
- [The party], [The party] must pay Body Corporate 314856 $62,274.91 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$17,662.89 Remedial Levies$23,142.00 On charge – marketing costs$162.34 Interest$9,720.08 BC Collection costs$2,355.20 Section 124 costs (incl hearing time)$8,732.40 Filing Fee$500.00 Total payable by Respondent to Applicant $62,274.91
Reasons
- Monique McGregor from Price Baker Berridge attended for the body corporate. There was no appearance by the owner (as had been advised by her in advance).
- A late adjournment request from the owner was declined. She clarified that [The party] (her father) has passed away and she believed the body corporate should know this. His passing is acknowledged, and deepest sympathies are extended.
- However, until there is a legal change in the owner(s) of record the use of both names must continue in this order.
- 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 series of monthly marketing on charge costs totalled $162.34. The building primarily functions as a provider of student accommodation and the marketing costs were incurred in maximising occupancy, including short-term summer lets.
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. The owner questioned that interest rate as compared to commercial rates available. Using those commercial facilities by the owner in-lieu of the body corporate might have mitigated some of the interest costs. However, the body corporate is entitled to set the interest rate as applied.
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. Next steps
- While not present at the hearing, the owner did make an email submission that shown to Ms McGregor and considered. That email explained the background to the financial hardship that has prevented levies being paid as due. No procedural or statutory failure of the applicant was evidenced. Notwithstanding her unhappiness regarding the flow on costs that have added to the significant debt, no grounds exist for the claims to be dismissed.
- A plan to sell the unit to pay the debt was first raised on 13 June 2025 in an exchange between the owner and PBB, after the first legal letter of demand to the owner. The plan to sell was floated by the owner at that time but appropriate advice in response that such an action had to be owner instigated did not result in any step towards such an outcome by the owner. If a sale is still her intention, as indicated in the email received today, the owner should be proactive in commencing that and keep in clear communication with the body corporate.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s0800, s102(4), s124, s124(1), s128, s13, s176(1), s80(1)
Key findings
- Dispute theme: unit titles
- Dispute theme: ordinary levy
- Dispute theme: remedial levy
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 9070504 about?
The tribunal order states: [The party], [The party] must pay Body Corporate 314856 $62,274.91
How much money was awarded in case 9070504?
Filing Fee: $500.00 awarded to landlord; Interest: $9,720.08 awarded to landlord; Legal Costs: $2,355.20 awarded to landlord; On Charge – Marketing Costs: $162.34 awarded to landlord; Ordinary Levies: $17,662.89 awarded to landlord; Remedial Levies: $23,142.00 awarded to landlord; Section 124 Costs (Incl Hearing Time: $8,732.40 awarded to landlord
What type of tenancy dispute was case 9070504?
The dispute type was not classified.
Where can I read the official tribunal order for case 9070504?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12694035-UTA_Tribunal_Order.pdf.
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