What was Tenancy Tribunal case 9072024 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 360485 $8,964.00

How much money was awarded in case 9072024?

Costs: Attendance At Hearing: $112.12 awarded to landlord; Costs: Claim Collection: $300.00 awarded to landlord; Costs: Claim Preparation: $776.25 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $227.29 awarded to landlord; Levy: $7,048.34 awarded to landlord

What type of tenancy dispute was case 9072024?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9072024?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12672501-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9072024 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 360485 $8,964.00

How much money was awarded in case 9072024?

Costs: Attendance At Hearing: $112.12 awarded to landlord; Costs: Claim Collection: $300.00 awarded to landlord; Costs: Claim Preparation: $776.25 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $227.29 awarded to landlord; Levy: $7,048.34 awarded to landlord

What type of tenancy dispute was case 9072024?

The primary dispute was Unit Titles. Related themes: Costs.

Where can I read the official tribunal order for case 9072024?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12672501-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9072024 — Unit Titles

Order

Claims and awards in Tenancy Tribunal application 9072024. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levy	$7,048.34	Levy
Costs: Claim Collection	$300.00	Costs: Claim Collection
Costs: Claim Preparation	$776.25	Costs: Claim Preparation
Costs: Attendance at Hearing	$112.12	Costs: Attendance at Hearing
Costs: Filing Fee	$500.00	Costs: Filing Fee
Total interest	$227.29	Total interest

[The party], [The party] must pay Body Corporate 360485 $8,964.00 immediately, calculated as follows: DescriptionsApplicant Levy$7,048.34 Costs: Claim Collection$300.00 Costs: Claim Preparation$776.25 Costs: Attendance at Hearing$112.12 Costs: Filing Fee$500.00 Total interest$227.29 Total award $8,964.00

Reasons

Both parties attended the hearing.

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. The claim was for a partial instalment of $1,682.78 (due on 28 February 2025) and two instalments of $3,682.78 (due on 20 May and 30 August 2025). So, the total claim for levies was $9.048.34.

Since the application was filed, the owner has made a payment of $2,000. The Body Corporate did not provide updated submissions or claim figures before the hearing. At the hearing, its representative advised that the February levy and claims collection costs of $300 had now been paid in full. She was not able to clearly explain what the balance of $17.22 had been applied to. It wasn’t clear to me whether it had been applied to an interest calculation or water rates. There was no explanation for why the $300 had been applied to the (as yet) unproved claim for costs.

I find that the $2,000 should have been applied to the levies and do so now. So, the total amount outstanding for levies to 30 August 2025 is $7,048.34.

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 claimed interest of $221.92 in its application but did not provide a breakdown of its calculation. Its representative advised that the interest claim is now $378.13 but did not provide evidence of that calculation or establish that it had properly accounted for partial payments.

I find that the interest on the outstanding levies from their due date, at a rate of 10% is $227.29

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.

I have awarded the amounts claimed for debt collection and claim preparation costs. The Body Corporate also claimed $487.50 for hearing preparation and attendance. There was no evidence to support a claim for hearing preparation. As noted above, the Tribunal did not receive updated submissions or claim figures before the hearing.

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.

Claims and awards in Tenancy Tribunal application 9072024. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levy	$7,048.34	Levy
Costs: Claim Collection	$300.00	Costs: Claim Collection
Costs: Claim Preparation	$776.25	Costs: Claim Preparation
Costs: Attendance at Hearing	$112.12	Costs: Attendance at Hearing
Costs: Filing Fee	$500.00	Costs: Filing Fee
Total interest	$227.29	Total interest

Order

[The party], [The party] must pay Body Corporate 360485 $8,964.00 immediately, calculated as follows: DescriptionsApplicant Levy$7,048.34 Costs: Claim Collection$300.00 Costs: Claim Preparation$776.25 Costs: Attendance at Hearing$112.12 Costs: Filing Fee$500.00 Total interest$227.29 Total award $8,964.00

Reasons

Both parties attended the hearing.
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. The claim was for a partial instalment of $1,682.78 (due on 28 February 2025) and two instalments of $3,682.78 (due on 20 May and 30 August 2025). So, the total claim for levies was $9.048.34.
Since the application was filed, the owner has made a payment of $2,000. The Body Corporate did not provide updated submissions or claim figures before the hearing. At the hearing, its representative advised that the February levy and claims collection costs of $300 had now been paid in full. She was not able to clearly explain what the balance of $17.22 had been applied to. It wasn’t clear to me whether it had been applied to an interest calculation or water rates. There was no explanation for why the $300 had been applied to the (as yet) unproved claim for costs.
I find that the $2,000 should have been applied to the levies and do so now. So, the total amount outstanding for levies to 30 August 2025 is $7,048.34.

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 claimed interest of $221.92 in its application but did not provide a breakdown of its calculation. Its representative advised that the interest claim is now $378.13 but did not provide evidence of that calculation or establish that it had properly accounted for partial payments.
I find that the interest on the outstanding levies from their due date, at a rate of 10% is $227.29

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.
I have awarded the amounts claimed for debt collection and claim preparation costs. The Body Corporate also claimed $487.50 for hearing preparation and attendance. There was no evidence to support a claim for hearing preparation. As noted above, the Tribunal did not receive updated submissions or claim figures before the hearing.
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 9072024 — Unit Titles in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9072024 — Unit Titles in Auckland Central, Auckland

At a glance

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

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