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.

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.

Wellington, Wellington Tenancy Tribunal Case 9070504 — Tenancy dispute

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Wellington, Wellington Tenancy Tribunal Case 9070504 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9070504 — net $62,274.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	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	$2,355.20	BC Collection costs
Section 124 costs (incl hearing time	$8,732.40	Section 124 costs (incl hearing time
Filing Fee	$500.00	Filing Fee
Net award	$62,274.91
Total payable by Tenant to Landlord	$62,274.91

Claims and awards for application 9070504 — net $62,274.91 NZD. Verify on MoJ.

Ordinary Levies

Amount: $17,662.89
Awarded to: Landlord
Reason: Ordinary Levies

Remedial Levies

Amount: $23,142.00
Awarded to: Landlord
Reason: Remedial Levies

On charge – marketing costs

Amount: $162.34
Awarded to: Landlord
Reason: On charge – marketing costs

Interest

Amount: $9,720.08
Awarded to: Landlord
Reason: Interest

BC Collection costs

Amount: $2,355.20
Awarded to: Landlord
Reason: BC Collection costs

Claim types — money lines allowed on this order

Filing Fee Interest Legal 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.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9070504 — net $62,274.91 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	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	$2,355.20	BC Collection costs
Section 124 costs (incl hearing time	$8,732.40	Section 124 costs (incl hearing time
Filing Fee	$500.00	Filing Fee
Net award	$62,274.91
Total payable by Tenant to Landlord	$62,274.91

Claims and awards for application 9070504 — net $62,274.91 NZD. Verify on MoJ.

Ordinary Levies

Amount: $17,662.89
Awarded to: Landlord
Reason: Ordinary Levies

Remedial Levies

Amount: $23,142.00
Awarded to: Landlord
Reason: Remedial Levies

On charge – marketing costs

Amount: $162.34
Awarded to: Landlord
Reason: On charge – marketing costs

Interest

Amount: $9,720.08
Awarded to: Landlord
Reason: Interest

BC Collection costs

Amount: $2,355.20
Awarded to: Landlord
Reason: BC Collection costs

Claim types — money lines allowed on this order

Filing Fee Interest Legal 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.

Tenancy Tribunal case 9070504 — Tenancy dispute in Wellington, Wellington

At a glance

Tenancy Tribunal case 9070504 — Tenancy dispute in Wellington, Wellington

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