Published tribunal order
Tenancy Tribunal case 9078764 — Tenancy dispute in Takapuna, Auckland
Published 9 April 2026 · Application 9078764
Landlord favoured
- Costs
- Interest
- Unit Titles
Order
- Jessica Lee Bennett and Kael Shaun Tarawa must pay Body Corporate 385182 $14,322.60, calculated as follows: DescriptionsApplicant Levy - Ordinary due to 20/12/2025 -Long Term Maintenance due to 20/12/25 $7620.44 $2551.88 Costs: Breach Notices$178.25 Interest: on Operating Levies to 9/04/2026 $1,168.66 Interest: on LTMF Levies to 9/04/2026$424.49 Costs: Debt Recovery$1,232.00 Costs: Preparation and attendance at Hearing $646.88 Filing Fee$500.00 Total award$14,322.60 Total payable by Respondent to Applicant $14,322.60
- Jessica Lee Bennett and Kael Shaun Tarawa must pay the debt in order 1 at the rate of $200.00 per week.
- The first payment must be made on Friday 17 April 2026 and payments must continue every week on or before Friday 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.
- This order supersedes the Tribunal order dated 27 March 2024 and only the amounts owing under this order may be enforced against the unit owner.
Reasons
- Both parties attended the hearing which took place by MS Teams.
- 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.
- There was a previous Tribunal Order dated 27 March 2024. This order has been largely repaid with the exception of one Long Term Maintenance levy which is incorporated into today’s order. This order supersedes the Tribunal order dated 27 March 2024 and only the amounts owing under this order may be enforced against the unit owner.
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. Instalment payment of debt
- The respondent owner does not dispute the debt claimed but seeks to repay the debt at a rate of $200.00 per week payable on or before Fridays with the first payment due on 17 April 2026.
- 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 payments towards the debt and the amount proposed is an increase on current payments. Therefore, I make the order for instalment payments as sought. The instalment payments for the debt are in addition to any future levy payments due. Filing fee
- 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.