Claimant Wins Unpaid Levies Case at Tenancy Tribunal

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[2025] NZTT 9064244

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner

UNIT ADDRESS: Unit/[ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $6,758.36 immediately, calculated as follows:

Descriptions Applicant Respondent

Levies 1 April 2024 to 31 March 2025 $5,337.04 Interest to 4 June 2025 $346.32 Costs $575.00 Filing Fee $500.00 Total award $6,758.36 Total payable by Respondent to Applicant

$6,758.36

Reasons:

1. Both parties attended the hearing. [NAME] and [NAME] represented [NAME].

2. [NAME] has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner, [NAME].

[NAME] unit owner owe the levies claimed?

3. A unit owner must pay all [NAME] levies and outgoings payable for the unit: sections 80(1)(f) and 121(1) of the Unit Titles Act 2010 (the Act).

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4. [NAME] has determined the levies payable, and [NAME]’s share has been calculated according to his utility interest.

5. [NAME] has fixed the due dates for the levies to be paid, and [NAME] has not paid the levies by the due dates: section 124(1) of the Act.

6. [NAME] has provided records to prove the amount of levies claimed. [NAME] did not dispute the amount claimed.

Is [NAME] liable for interest?

7. If a unit owner fails to pay levies by the due date, interest accrues on the unpaid balance. A [NAME] may charge interest up to 10% per annum: section 128 of the Act.

8. [NAME] has resolved to charge interest at 10% per annum on unpaid levies. [NAME] has proved the amount of interest owing from the due dates to 4 June 2025.

Is [NAME] liable for costs?

9. Pursuant to section 124 of the Act [NAME] is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to [NAME]. In accordance with the judgments in [NAME] 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, [NAME] 162791 v Gilbert [2015] NZCA 185, and more recently [NAME] 346799 v Gueirard [2023] NZDC 19645, the Tribunal must order that the reasonable costs incurred by [NAME] in recovering the levies, objectively assessed, be paid by a defaulting unit owner.

10. On the evidence provided by [NAME] I am satisfied that the costs claimed are reasonable.

11. [NAME] has been fully successful in its claim and is therefore entitled to payment of the filing fee: Section 176(1) of the Act and section 102(4) Residential Tenancies Act 1986.

[NAME] 09 June 2025

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Please read carefully:

SHOULD YOU REQUIRE ANY HELP OR INFORMATION REGARDING THIS [COMPANY] [PHONE].

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [COMPANY] [PHONE].

AFAI E TE MANA’OMIA SE FESOASOANI E UIGA I LENEI MATAUPU FA’AMOLEMOLE IA FA’AFESO’OTAI’I LOA LE OFISA O LE [COMPANY] [PHONE].

Rehearings:

You may make an application to the Tenancy Tribunal for a rehearing. Such an application must be made within five working days of the order and must be lodged at the Court where the dispute was heard.

The only ground for a rehearing of an application is that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur. Being unhappy or dissatisfied with the decision is not a ground for a rehearing. (See ‘Right of Appeal’ below).

Right of Appeal:

If you are dissatisfied with the decision of the Tenancy Tribunal, you may appeal to the District Court. You only have 10 working days after the date of the decision to lodge a notice of appeal.

However, you may not appeal to the District Court:

1. Against an interim order made by the Tribunal. 2. Against an order, or the failure to make an order, for the payment of money where the

amount that would be in dispute on appeal is less than $1,000. 3. Against a work order, or the failure to make a work order, where the value of the work

that would be in dispute on appeal is less than $1,000.

There is a $200.00 filing fee payable at the time of filing the appeal.

Enforcement:

Where the Tribunal made an order that needs to be enforced then the party seeking enforcement should contact the Collections Office of the District Court on [PHONE] or go to www.justice.govt.nz/fines/civil-debt for forms and information.

Notice to a party ordered to pay money or vacate premises, etc:

Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.

http://www.justice.govt.nz/fines/civil-debt