What was Tenancy Tribunal case 9073444 about?

The tribunal order states: Emp Investments Limited must pay Body Corporate 210443 $13,762.20

How much money was awarded in case 9073444?

Costs: Appearance at hearing 30 minu…: $161.00 awarded to landlord; Costs: Debt Collection: $540.50 awarded to landlord; Costs: Section 124 By Consent: $5,673.40 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $229.28 awarded to landlord; Levy By Consent: $6,658.02 awarded to landlord

What type of tenancy dispute was case 9073444?

The dispute type was not classified.

Where can I read the official tribunal order for case 9073444?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13182173-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9073444 about?

The tribunal order states: Emp Investments Limited must pay Body Corporate 210443 $13,762.20

How much money was awarded in case 9073444?

Costs: Appearance at hearing 30 minu…: $161.00 awarded to landlord; Costs: Debt Collection: $540.50 awarded to landlord; Costs: Section 124 By Consent: $5,673.40 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $229.28 awarded to landlord; Levy By Consent: $6,658.02 awarded to landlord

What type of tenancy dispute was case 9073444?

The dispute type was not classified.

Where can I read the official tribunal order for case 9073444?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13182173-UTA_Tribunal_Order.pdf.

East Tamaki, Auckland Tenancy Tribunal Case 9073444 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9073444 — net $13,762.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: Appearance at hearing 30 minutes by consent	$161.00	Costs: Appearance at hearing 30 minutes by consent
Levy by consent	$6,658.02	Levy by consent
Costs: Debt collection	$540.50	Costs: Debt collection
Costs: Section 124 by consent	$5,673.40	Costs: Section 124 by consent
Interest to 18 Feb 2026 by consent	$229.28	Interest to 18 Feb 2026 by consent
Filing Fee: by consent	$500.00	Filing Fee: by consent
Net award	$13,762.20
Total payable by Tenant to Landlord	$13,762.20

Emp Investments Limited must pay Body Corporate 210443 $13,762.20 immediately, calculated as follows: DescriptionsApplicantRespondent Levy by consent$6,658.02 Costs: Debt collection$540.50 Costs: Section 124 by consent$5,673.40 Interest to 18 Feb 2026 by consent$229.28 Costs: Appearance at hearing 30 minutes by consent $161.00 Filing Fee: by consent$500.00 Total award$13,762.20 Total award with interest$13,762.20 Total payable by Respondent to Applicant $13,762.20

Reasons

Both parties attended the hearing by video conference.

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 unit owner agreed to pay the levies 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 hearing date.

The unit owner has agreed to pay for the interest.

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.

The Unit Owner agreed to pay the legal costs, but disputed liability for the costs incurred by the debt collectors. This was on the basis that she was not contacted by the debt collectors and has maintained the same telephone number. She acknowledged that she changed her telephone number at one stage and asserted that she had provided the updated number; however, she was unable to produce any evidence to substantiate that the change in contact details was communicated.

In the absence of evidence demonstrating that updated contact information was properly provided, the Unit Owner remains responsible for ensuring that her current contact details were on record. Accordingly, she is liable for the reasonable recovery costs incurred. I am satisfied that the costs ordered above are reasonable in the circumstances.

By consent, the Respondent agreed to pay the filing fee to the body corporate.

Claims and awards in Tenancy Tribunal application 9073444 — net $13,762.20 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: Appearance at hearing 30 minutes by consent	$161.00	Costs: Appearance at hearing 30 minutes by consent
Levy by consent	$6,658.02	Levy by consent
Costs: Debt collection	$540.50	Costs: Debt collection
Costs: Section 124 by consent	$5,673.40	Costs: Section 124 by consent
Interest to 18 Feb 2026 by consent	$229.28	Interest to 18 Feb 2026 by consent
Filing Fee: by consent	$500.00	Filing Fee: by consent
Net award	$13,762.20
Total payable by Tenant to Landlord	$13,762.20

Order

Emp Investments Limited must pay Body Corporate 210443 $13,762.20 immediately, calculated as follows: DescriptionsApplicantRespondent Levy by consent$6,658.02 Costs: Debt collection$540.50 Costs: Section 124 by consent$5,673.40 Interest to 18 Feb 2026 by consent$229.28 Costs: Appearance at hearing 30 minutes by consent $161.00 Filing Fee: by consent$500.00 Total award$13,762.20 Total award with interest$13,762.20 Total payable by Respondent to Applicant $13,762.20

Reasons

Both parties attended the hearing by video conference.
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 unit owner agreed to pay the levies 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 hearing date.
The unit owner has agreed to pay for the interest.

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.
The Unit Owner agreed to pay the legal costs, but disputed liability for the costs incurred by the debt collectors. This was on the basis that she was not contacted by the debt collectors and has maintained the same telephone number. She acknowledged that she changed her telephone number at one stage and asserted that she had provided the updated number; however, she was unable to produce any evidence to substantiate that the change in contact details was communicated.
In the absence of evidence demonstrating that updated contact information was properly provided, the Unit Owner remains responsible for ensuring that her current contact details were on record. Accordingly, she is liable for the reasonable recovery costs incurred. I am satisfied that the costs ordered above are reasonable in the circumstances.
By consent, the Respondent agreed to pay the filing fee to the body corporate.

Tenancy Tribunal case 9073444 — Tenancy dispute in East Tamaki, Auckland

At a glance

Tenancy Tribunal case 9073444 — Tenancy dispute in East Tamaki, 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

Property management

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

Property management

Frequently asked questions