What was Tenancy Tribunal case 9073064 about?

The tribunal order states: [The party] must pay Body Corporate 471401 $5,836.48

How much money was awarded in case 9073064?

Costs: Hearing Appearance Costs: $575.00 awarded to landlord; Costs: Section 124 Costs: $4,644.15 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $117.33 awarded to landlord

What type of tenancy dispute was case 9073064?

The dispute type was not classified.

Where can I read the official tribunal order for case 9073064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12922729-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9073064 about?

The tribunal order states: [The party] must pay Body Corporate 471401 $5,836.48

How much money was awarded in case 9073064?

Costs: Hearing Appearance Costs: $575.00 awarded to landlord; Costs: Section 124 Costs: $4,644.15 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $117.33 awarded to landlord

What type of tenancy dispute was case 9073064?

The dispute type was not classified.

Where can I read the official tribunal order for case 9073064?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12922729-UTA_Tribunal_Order.pdf.

Alfriston, Auckland Tenancy Tribunal Case 9073064 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9073064 — net $5,836.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interest	$117.33	Interest
Costs: Section 124 costs	$4,644.15	Costs: Section 124 costs
Costs: Hearing appearance costs	$575.00	Costs: Hearing appearance costs
Filing Fee	$500.00	Filing Fee
Net award	$5,836.48
Total payable by Tenant to Landlord	$5,836.48

[The party] must pay Body Corporate 471401 $5,836.48 immediately, calculated as follows: DescriptionsApplicantRespondent Interest$117.33 Costs: Section 124 costs$4,644.15 Costs: Hearing appearance costs$575.00 Filing Fee$500.00 Total award$5,836.48 Total payable by Respondent to Applicant$5,836.48

Reasons

Both parties attended the hearing on 2 December 2025.

The body corporate has applied for recovery of 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 respondent had accepted that he had missed some levies. However, he managed to pay off the levies but was left with the late fees and interests fees to pay off.

The main issue for the respondent was that “outstanding levies” were the wrong terminology used for the respondent and at the body corporate meetings. They should have been correctly labelled as “late fees/interests” and not “levies”.

Further to that, the accounts had not been updated properly when the respondent paid $2,636.83 of the $3,804.07 outstanding amount. At the meeting where the motion was passed to escalate the debt recovery to legal, the outstanding amount was incorrectly stated as $3,804.07 instead of $1,167.24.

The respondent argued that had the correct terminology been used and the correct outstanding amount shown to other unit owners, that the motion may not have passed to escalate this debt recovery to legal.

I find this to be speculative. The respondent did not apply for a ruling on the motion’s validity or propose a new motion to overturn the motion. Accordingly, I do not disturb the validity of the motion.

Accordingly, I find that the body corporate has provided records to prove the amount claimed.

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 payment 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.

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 9073064 — net $5,836.48 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interest	$117.33	Interest
Costs: Section 124 costs	$4,644.15	Costs: Section 124 costs
Costs: Hearing appearance costs	$575.00	Costs: Hearing appearance costs
Filing Fee	$500.00	Filing Fee
Net award	$5,836.48
Total payable by Tenant to Landlord	$5,836.48

Order

[The party] must pay Body Corporate 471401 $5,836.48 immediately, calculated as follows: DescriptionsApplicantRespondent Interest$117.33 Costs: Section 124 costs$4,644.15 Costs: Hearing appearance costs$575.00 Filing Fee$500.00 Total award$5,836.48 Total payable by Respondent to Applicant$5,836.48

Reasons

Both parties attended the hearing on 2 December 2025.
The body corporate has applied for recovery of 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 respondent had accepted that he had missed some levies. However, he managed to pay off the levies but was left with the late fees and interests fees to pay off.
The main issue for the respondent was that “outstanding levies” were the wrong terminology used for the respondent and at the body corporate meetings. They should have been correctly labelled as “late fees/interests” and not “levies”.
Further to that, the accounts had not been updated properly when the respondent paid $2,636.83 of the $3,804.07 outstanding amount. At the meeting where the motion was passed to escalate the debt recovery to legal, the outstanding amount was incorrectly stated as $3,804.07 instead of $1,167.24.
The respondent argued that had the correct terminology been used and the correct outstanding amount shown to other unit owners, that the motion may not have passed to escalate this debt recovery to legal.
I find this to be speculative. The respondent did not apply for a ruling on the motion’s validity or propose a new motion to overturn the motion. Accordingly, I do not disturb the validity of the motion.
Accordingly, I find that the body corporate has provided records to prove the amount claimed.

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 payment 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.
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 9073064 — Tenancy dispute in Alfriston, Auckland

At a glance

Tenancy Tribunal case 9073064 — Tenancy dispute in Alfriston, 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