Tenantcheck Insights · Case study
Tenancy Tribunal case 9080946 — Tenancy dispute in Sandringham, Auckland
Decided 6 Aug 2026 · Published 6 Aug 2026 · Application 9080946
- Interest
- Unit Titles
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
J Greene
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $28,242.06
- Total balance for Tenant to pay Landlord
- $28,242.06
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Section 124 costs - body corporoate | $3,479.20 | Section 124 costs - body corporoate | |
| Outstanding levies to 30 April 2026 | $9,840.79 | Outstanding levies to 30 April 2026 | |
| Interest at 10% to 6 August 2026 | $780.07 | Interest at 10% to 6 August 2026 | |
| Section 127 costs - legal fees | $13,412.00 | Section 127 costs - legal fees |
Order
- Tina Town Limited must pay Body Corporate 204465 $28,242.06 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding levies to 30 April 2026$9,840.79 Interest at 10% to 6 August 2026$780.07 Section 124 costs - body corporoate costs incurred collecting levies $3,479.20 Section 127 costs - legal fees$13,412.00 Appearance fee$230.00 Filing Fee$500.00 Total award$28,242.06 Total payable by Respondent to Applicant $28,242.06
Reasons
- Mr Light and Ms Naidoo represented the body corporate. No representative for the unit owner attended the hearing. I am satisfied that proper notice of the hearing was provided to the unit owner.
- 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 1 .
- The body corporate has determined the levies payable, and the unit owner's share has been calculated according to its 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 2 . The body corporate has provided records to prove the amounts claimed.
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 3 .
- 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?
- 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 4 .
- Mr Light referred the Tribunal to relevant District Court decisions addressing costs incurred by the body corporate including legal costs 5 .
- 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 6 . 1 See sections 80(1)(f) and 121(1) Unit Titles Act 2010 (UTA) 2 See section 124(1) UTA 3 See section 128 UTA 4 See section 124 UTA 5 See Body Corporate 331094 v Smith [2015] NZDC 17745; Kang v Body Corporate 137295 [2024] NZDC 30820; Body Corporate v Gueirard & Vu [2023] NZDC 19645 6 See Body Corporate 162791 v Gilbert [2015] NZCA 185
- The costs claimed include costs following the Sale Order obtained in the High Court which could not be included in that Court’s order. It is appropriate for the Tribunal to award those costs since they also directly relate to the recovery of outstanding levies 7 . I am satisfied that the costs ordered above are objectively reasonable in the circumstances of this application. Overall, due to the unit owner’s default, a considerable amount of legal work has been required to pursue the recovery of outstanding levies.
- Because the body corporate has succeeded with the claim, I have reimbursed the filing fee 8 .
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), s127, s128, s176(1), s5, s7, s80(1)
Key findings
- Dispute theme: unit titles
- Dispute theme: interest
Property management
- TINA TOWN LIMITED (respondent)
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 9080946 about?
The tribunal order states: Tina Town Limited must pay Body Corporate 204465 $28,242.06 immediately,
How much money was awarded in case 9080946?
Appearance Fee: $230.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $780.07 awarded to landlord; Outstanding Levies: $9,840.79 awarded to landlord; Section 124 Costs - Body Corporoate: $3,479.20 awarded to landlord; Section 127 Costs - Legal Fees: $13,412.00 awarded to landlord
What type of tenancy dispute was case 9080946?
The dispute type was not classified.
Where can I read the official tribunal order for case 9080946?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14011102-UTA_Tribunal_Order.pdf.
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