Tenantcheck Insights · Case study
Tenancy Tribunal case 9078144 — Tenancy dispute in Epsom, Auckland
Decided 31 Jul 2026 · Published 31 Jul 2026 · Application 9078144
- Unit Titles
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
M Feist
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $44,551.34
- Total balance for Tenant to pay Landlord
- $47,943.72
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Costs: Body Corporate Debt Collecting | $902.50 | Costs: Body Corporate Debt Collecting | |
| Levy | $39,378.74 | Levy | |
| Filing Fee | $500.00 | Filing Fee | |
| Costs: Price Baker Berridge | $3,603.35 | Costs: Price Baker Berridge | |
| Costs: Hearing |
Order
- [The party] must pay Body Corporate 522297 $47,943.72 immediately, calculated as follows: DescriptionsApplicantRespondent Levy$39,378.74 Filing Fee$500.00 Costs: Body Corporate Debt Collecting $902.50 Costs: Price Baker Berridge$3,603.35 Costs: Hearing$166.75 Total award$44,551.34 Total interest$3,392.38 Total award with interest$47,943.72 Total payable by Respondent to Applicant $47,943.72
Reasons
- Ms Donovan attended the hearing for the Body Corporate.
- Ms [The party] appeared by telephone supported by her brother Mr William Jiang.
- 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.
- Ms Jiang accepted the levies were due and remain outstanding due to personal financial constraints.
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.
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.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s0800, s102(4), s124, s124(1), s128, s176(1), s80(1)
Key findings
- Dispute theme: unit titles
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 9078144 about?
The tribunal order states: [The party] must pay Body Corporate 522297 $47,943.72 immediately, calculated
How much money was awarded in case 9078144?
Costs: Body Corporate Debt Collectin…: $902.50 awarded to landlord; Costs: Hearing: $166.75 awarded to landlord; Costs: Price Baker Berridge: $3,603.35 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Levy: $39,378.74 awarded to landlord
What type of tenancy dispute was case 9078144?
The dispute type was not classified.
Where can I read the official tribunal order for case 9078144?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13986746-UTA_Tribunal_Order.pdf.
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