Published tribunal order
Tenancy Tribunal case 9075864 — Tenancy dispute in Auckland Central, Auckland
Published 10 February 2026 · Application 9075864
Landlord favoured
- Costs
- Unit Titles
Order
- Jannine Coral Angell must pay Body Corporate 330324 $19,128.39, calculated as follows: DescriptionsApplicant Remedial Levy raised 3/12/2025$18,455.07 Costs: Morgan Coakle (including court attendance $56.06) $623.01 Costs: Body Corporate court attendance $50.31 Total award$19,128.39 Total payable by Respondent to Applicant $19,128.39
- Jannine Coral Angell must pay the debt in order 1 at the rate of $100.00 per week.
- The first payment must be made on Thursday 12 February 2026 and payments must continue every Thursday until the debt is paid in full.
- If the respondent fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.
Reasons
- Both parties attended the hearing which took place by videoconference.
- The body corporate has applied for recovery of unpaid levies and costs 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 remedial levy was approved at the AGM on 23 July 2025.
- 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 does not dispute the levies claimed, she explained the difficulties which have led to the arrears and has been making regular instalment payments of $100.00 per week towards the outstanding levy and has reduced the debt since the application was filed.
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. Instalment payment of debt
- The respondent owner does not dispute the debt claimed but seeks to repay the debt at a rate of $100.00 per week payable on Thursdays.
- The applicant seeks payment at a rate of $400.00 per week but acknowledged the owner’s current difficult financial situation.
- The Tribunal may make any order subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. See section 176 Unit Titles Act 2010 and section 78(3) Residential Tenancies Act 1986.
- I am satisfied that the respondent has demonstrated regular payments towards the debt and the amount of levies ordered today is less than the amount in the original claim filed. Therefore, I make the order for instalment payments as sought by the owner. The instalment payments for the debt are in addition to any future levy payments due.