Tenant Entitled to Recover Levies and Costs from Owner

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[2025] NZTT 9060524

TENANCY TRIBUNAL AT

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner

[NAME]: [NAME]/Flat U (being [NAME] S, DP 313609), [ADDRESS], [POSTCODE]

ORDER

1. [NAME] must pay [NAME] $26,623.68 immediately, calculated as follows:

Descriptions Applicant Respondent

Annual Levies (to and including levy due 31 January 2025) Special Ground Rent levy (Inst. 1)

$19,021.78

$2,977.62

Costs: [NAME] costs $725.00 Costs: [NAME] TT application $725.00 Costs: [NAME] TT hearing $276.00 Costs: TT application fee $500.00 Interest: to 7 November 2024 $2,398.28 Total award $26,623.68

Total award with interest $26,623.68 Total payable by Respondent to Applicant

$26,623.68

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Reasons:

1. This application was heard alongside application 9060484 ([NAME] F), also owned by [NAME].

2. The [NAME] attended the hearing by teleconference, though its administrator [COMPANY] ([NAME]) – [NAME] appearing.

3. [NAME] did not attend.

4. The application was filed on 8 November 2024. Notice of today’s hearing was issued on 28 November 2024.

5. On Friday 7 February 2025 the Tribunal received an adjournment request from [NAME] with a medical certificate of that date stating, “This is to certify that I have examined the patient described above (family members unwell) I find them to be unfit to work from 07/02/2025 and returning 14/02/2025.”

6. I was on leave on 7 February 2025 and was not aware of the adjournment request until the morning of the hearing. I directed that to accommodate [NAME]’s situation, the hearing should proceed by teleconference. [NAME] was unable to be contacted when the hearing was due to begin and I asked the Registry to e-mail and txt [NAME] to say that the hearing start would be delayed until 10:30, to give her more time and that the hearing would proceed by teleconference then. At 10:23 [NAME] e-mailed the Registry, “I cannot attend by phone. I have two sick children under 3 years old and cannot hold an important conversation and manage. I have tried to defer this, with good reason.”

7. [NAME] was not able to be contacted at 10:30.

8. I have considered carefully whether the hearing should proceed in [NAME]’s absence. In doing so I need to weight the [NAME]’s interest in having its application dealt with expeditiously and [NAME]’s interest in not having findings made without her having been heard.

9. Previous correspondence from [NAME] suggests that there are matters she would want to address. Those matters do not appear to have a bearing on the findings the Tribunal needs to make to determine whether the levies and costs claimed are properly due and owing.

10. I have decided that the appropriate course is to hear the claims and make those determinations. If [NAME] is able to show that there is evidence relevant to those determinations that she was unable to present, and that might have affected the Tribunal’s findings had she done so, it is open to her to seek a rehearing so that evidence can be resented.

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[NAME] owe the levies claimed?

11.A [NAME] must pay all [NAME] levies and outgoings payable for the [NAME]. See sections 80(1)(f) and 121(1) [NAME] Act 2010.

12.The [NAME] has determined the levies payable and [NAME]'s share has been calculated according to their utility interest.

13.The [NAME] has fixed the due date for the levies to be paid, and [NAME] has not paid the levies by that date. See section 124(1) [NAME] Act 2010. The [NAME] has provided records to prove the amount claimed.

14.The levy sum payable take account of payments made by [NAME] in December 2024 totalling $20,000.00, initially credited against the levies owed for [NAME] F.

Is [NAME] liable for interest?

15. If a [NAME] fails to pay levies by the due date, interest accrues on the unpaid balance. A [NAME] may charge interest up to 10% per annum. See section 128 [NAME] Act 2010.

16.The [NAME] has resolved to charge interest at 10% per annum on unpaid levies. The [NAME] has proved the amount of interest owing from the due date to 7 November 2024 as included in the application. Interest beyond that date is not claimed.

Is [NAME] liable for costs?

17.Pursuant to section 124 UTA, and as resolved at meetings of the [NAME], the [NAME] is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the [NAME]. In accordance with the judgments (of the District Court and Court of Appeal respectively) in [NAME] 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and [NAME] 162791 v Gilbert [2015] NZCA 185, the Tribunal must order that the reasonable costs incurred by the [NAME] in recovering the levies, objectively assessed, be paid by a defaulting [NAME]. I am satisfied that the costs ordered above are reasonable.

18.Because the [NAME] has succeeded with the claim I have reimbursed the filing fee. Section 176(1) [NAME] Act 2010 and section 102(4) Residential Tenancies Act 1986.

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[NAME] 10 February 2025

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Please read carefully:

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

MEHEMA HE PĀTAI TĀU E PĀ ANA KI TENEI TAKE, PĀTAI ATU KI TE [NAME] [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 [NAME] [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