What was Tenancy Tribunal case 9080504 about?

The tribunal order states: [The party] must pay Body Corporate 163595 $20,071.50 immediately,

How much money was awarded in case 9080504?

Costs: Hearing: $560.63 awarded to landlord; Costs: Recovery: $1,206.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest:: $1,338.68 awarded to landlord; Ordinary Levy: 1st Instalment 24/25: $5,510.61 awarded to landlord; Ordinary Levy: 1st Instalment 25/26: $4,765.71 awarded to landlord; Ordinary Levy: 2nd Instalment 24/25: $5,510.61 awarded to landlord; Ordinary Levy: Balance Of 23/24: $679.26 awarded to landlord

What type of tenancy dispute was case 9080504?

The dispute type was not classified.

Where can I read the official tribunal order for case 9080504?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13939116-Tribunal_Order.pdf.

What was Tenancy Tribunal case 9080504 about?

The tribunal order states: [The party] must pay Body Corporate 163595 $20,071.50 immediately,

How much money was awarded in case 9080504?

Costs: Hearing: $560.63 awarded to landlord; Costs: Recovery: $1,206.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest:: $1,338.68 awarded to landlord; Ordinary Levy: 1st Instalment 24/25: $5,510.61 awarded to landlord; Ordinary Levy: 1st Instalment 25/26: $4,765.71 awarded to landlord; Ordinary Levy: 2nd Instalment 24/25: $5,510.61 awarded to landlord; Ordinary Levy: Balance Of 23/24: $679.26 awarded to landlord

What type of tenancy dispute was case 9080504?

The dispute type was not classified.

Where can I read the official tribunal order for case 9080504?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13939116-Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9080504 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9080504 — net $20,071.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy: Balance of 23/24	$679.26	Ordinary Levy: Balance of 23/24
Ordinary Levy: 1st instalment 24/25	$5,510.61	Ordinary Levy: 1st instalment 24/25
Ordinary Levy: 2nd instalment 24/25	$5,510.61	Ordinary Levy: 2nd instalment 24/25
Ordinary Levy: 1st instalment 25/26	$4,765.71	Ordinary Levy: 1st instalment 25/26
Interest: to 21 July 2026	$1,338.68	Interest: to 21 July 2026
Costs: recovery	$1,206.00	Costs: recovery
Costs: hearing	$560.63	Costs: hearing
Filing Fee	$500.00	Filing Fee
Net award	$20,071.50
Total payable by Tenant to Landlord	$20,071.50

[The party] must pay Body Corporate 163595 $20,071.50 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Balance of 23/24$679.26 Ordinary Levy: 1st instalment 24/25$5,510.61 Ordinary Levy: 2nd instalment 24/25$5,510.61 Ordinary Levy: 1st instalment 25/26$4,765.71 Interest: to 21 July 2026$1,338.68 Costs: recovery$1,206.00 Costs: hearing$560.63 Filing Fee$500.00 Total award with interest$20,071.50 Total payable by Respondent to Applicant $20,071.50 1 This order replaces the one made on 21 July 2026 for $20,571.50. Order amended because of calculation error, with the filing fee being included twice. In all other respects the order remains the same.

Reasons

Ms Athy attended the hearing on behalf of the Body Corporate. There was no appearance for the respondent.

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 applicant provided copies of minutes of relevant annual general meetings showing that 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 and has provided evidence of notices given to the respondent and follow-up emails.

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.

The applicant seeks costs associated with issuing notices to recover the debt, preparing for the hearing and attending the hearing. 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.

Claims and awards in Tenancy Tribunal application 9080504 — net $20,071.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy: Balance of 23/24	$679.26	Ordinary Levy: Balance of 23/24
Ordinary Levy: 1st instalment 24/25	$5,510.61	Ordinary Levy: 1st instalment 24/25
Ordinary Levy: 2nd instalment 24/25	$5,510.61	Ordinary Levy: 2nd instalment 24/25
Ordinary Levy: 1st instalment 25/26	$4,765.71	Ordinary Levy: 1st instalment 25/26
Interest: to 21 July 2026	$1,338.68	Interest: to 21 July 2026
Costs: recovery	$1,206.00	Costs: recovery
Costs: hearing	$560.63	Costs: hearing
Filing Fee	$500.00	Filing Fee
Net award	$20,071.50
Total payable by Tenant to Landlord	$20,071.50

Order

[The party] must pay Body Corporate 163595 $20,071.50 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: Balance of 23/24$679.26 Ordinary Levy: 1st instalment 24/25$5,510.61 Ordinary Levy: 2nd instalment 24/25$5,510.61 Ordinary Levy: 1st instalment 25/26$4,765.71 Interest: to 21 July 2026$1,338.68 Costs: recovery$1,206.00 Costs: hearing$560.63 Filing Fee$500.00 Total award with interest$20,071.50 Total payable by Respondent to Applicant $20,071.50 1 This order replaces the one made on 21 July 2026 for $20,571.50. Order amended because of calculation error, with the filing fee being included twice. In all other respects the order remains the same.

Reasons

Ms Athy attended the hearing on behalf of the Body Corporate. There was no appearance for the respondent.
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 applicant provided copies of minutes of relevant annual general meetings showing that 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 and has provided evidence of notices given to the respondent and follow-up emails.

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.
The applicant seeks costs associated with issuing notices to recover the debt, preparing for the hearing and attending the hearing. 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.

Tenancy Tribunal case 9080504 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9080504 — Tenancy dispute in Auckland Central, 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

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

Frequently asked questions