Tenant Successfully Recovers Interest, Costs, and Filing Fees from Landlord

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[2026] NZTT 9079384

TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA

APPLICANT: [redacted]

RESPONDENT: [redacted] Owner

[NAME]: [NAME]/Flat Units C & D, [ADDRESS], [POSTCODE]

ORDER

1. [COMPANY] must pay [NAME] $6,947.89 immediately, calculated as follows:

Descriptions Applicant Respondent

Costs: [NAME] debt collection costs

$2,185.00

Costs: S.124 Solicitor's costs $3,658.50 Interest: to 23 February 2026 $270.89 Costs: Solicitor's appearance fee $333.50 Filing Fee $500.00 Total award $6,947.89

Total payable by Respondent to Applicant

$6,947.89

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Reasons:

1. Both parties attended the remote hearing.

2. The owner is the owner of the two units referred to above.

3. The [NAME] has applied for recovery of interest, costs and the filing fee from the [NAME].

Does the [NAME] owe the levies claimed?

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

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

6. The [NAME] fixed the due date for the levies to be paid (9 September 2025), and the [NAME] did not pay the levies by that date. See section 124(1) [NAME] Act 2010. The owner paid the levies in full on 23 February 2026.

Is the [NAME] liable for interest?

7. 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.

8. 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 the date the levies were paid by the owner.

Is the [NAME] liable for costs?

9. 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.

10.The owner said that she had not received seen the correspondence from the Solicitors for the [NAME] as it had gone to her email address junk mail. The obligation on the [NAME] is to forward correspondence to the email address

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for the owner registered with the [NAME]. I am satisfied that this occurred. The failure to look at the correspondence does not limit liability for the owner.

11.As the [NAME] has succeeded with the claim, I have ordered the owner to reimburse the filing fee. Section 176(1) [NAME] Act 2010 and section 102(4) Residential Tenancies Act 1986.

[NAME] 16 June 2026

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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