What was the outcome of Tenancy Tribunal case 9079444?

The tribunal order states: Bon Cheak Chiem, Channy Trinh must pay Body Corporate 200835 $33,857.02

How much money was awarded in case 9079444?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9079444?

The primary dispute was Cleanliness. Related themes: Leaks.

Where can I read the official tribunal order for case 9079444?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13518195-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9079444?

The tribunal order states: Bon Cheak Chiem, Channy Trinh must pay Body Corporate 200835 $33,857.02

How much money was awarded in case 9079444?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9079444?

The primary dispute was Cleanliness. Related themes: Leaks.

Where can I read the official tribunal order for case 9079444?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13518195-UTA_Tribunal_Order.pdf.

Rosedale, Auckland Tenancy Tribunal Case 9079444 — Cleanliness

Order

Bon Cheak Chiem, Channy Trinh must pay Body Corporate 200835 $33,857.02 immediately, calculated as follows: DescriptionsApplicant Levy$26,199.11 s126 Charge - Duct Cleaning$1,289.15 s126 Charge - Plumbing$661.44 Total interest Costs: Debt Collection $1,548.32 $880.00 Costs: Legal$2,779.00 Filing Fee$500.00 Total award $33,857.02

Reasons

Counsel attended the hearing for the Body Corporate.
The unit owners did not attend by the video link provided in the Notice of Hearing. Shortly after the hearing, I received a message from Registry advising that the Unit Owner had contacted the call centre asking why they had not been joined to the hearing.
Registry responded by referring the unit owner to the Notice of Hearing, and the link the owner should have clicked to attend the hearing. The Owner then communicated to a different Registry email address, that it did not attend the hearing as it had only just received the Notice of Hearing. The Tribunal file shows that the Notice of Hearing (and supporting documents) were sent to the unit owner by email on 26 March 2026. The email address they were sent to is the same as the address used by the unit owners to contact Registry today.
The body corporate has applied for recovery of unpaid levies, recovery of unpaid charges relating to this unit (s126 Unit Titles Act 2010) 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 body corporate’s breakdown of levies claimed included penalty interest charge of $79.47. I have not awarded that amount. Interest has been calculated on the unpaid levies and s126 on charges as set out below.

Is the Unit Owner liable for repair/maintenance charges?

A unit owner is also liable to pay repair costs attributable to its unit. Such costs may be recovered by the Body Corporate as a debt. See s126 Unit Titles Act.
The Body Corporate provided evidence of costs incurred solely for the benefit of this unit for plumbing repairs and duct/extraction servicing. Those costs are payable to the Body Corporate.

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.
I also note that, when the Body Corporate commenced debt collection procedures, the unit owner replied by email – “who care”.
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.

Order

Bon Cheak Chiem, Channy Trinh must pay Body Corporate 200835 $33,857.02 immediately, calculated as follows: DescriptionsApplicant Levy$26,199.11 s126 Charge - Duct Cleaning$1,289.15 s126 Charge - Plumbing$661.44 Total interest Costs: Debt Collection $1,548.32 $880.00 Costs: Legal$2,779.00 Filing Fee$500.00 Total award $33,857.02

Reasons

Counsel attended the hearing for the Body Corporate.
The unit owners did not attend by the video link provided in the Notice of Hearing. Shortly after the hearing, I received a message from Registry advising that the Unit Owner had contacted the call centre asking why they had not been joined to the hearing.
Registry responded by referring the unit owner to the Notice of Hearing, and the link the owner should have clicked to attend the hearing. The Owner then communicated to a different Registry email address, that it did not attend the hearing as it had only just received the Notice of Hearing. The Tribunal file shows that the Notice of Hearing (and supporting documents) were sent to the unit owner by email on 26 March 2026. The email address they were sent to is the same as the address used by the unit owners to contact Registry today.
The body corporate has applied for recovery of unpaid levies, recovery of unpaid charges relating to this unit (s126 Unit Titles Act 2010) 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 body corporate’s breakdown of levies claimed included penalty interest charge of $79.47. I have not awarded that amount. Interest has been calculated on the unpaid levies and s126 on charges as set out below.

Is the Unit Owner liable for repair/maintenance charges?

A unit owner is also liable to pay repair costs attributable to its unit. Such costs may be recovered by the Body Corporate as a debt. See s126 Unit Titles Act.
The Body Corporate provided evidence of costs incurred solely for the benefit of this unit for plumbing repairs and duct/extraction servicing. Those costs are payable to the Body Corporate.

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.
I also note that, when the Body Corporate commenced debt collection procedures, the unit owner replied by email – “who care”.
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 9079444 — Cleanliness in Rosedale, Auckland

Tenancy Tribunal case 9079444 — Cleanliness in Rosedale, Auckland

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit Owner liable for repair/maintenance charges?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit Owner liable for repair/maintenance charges?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?