What was the outcome of Tenancy Tribunal case 9079404?

The tribunal order states: Gaginang Holdings Limited must pay Body Corporate 88633 $6,056.41

How much money was awarded in case 9079404?

Filing Fee: $500.00 awarded to landlord; Interest: $274.61 awarded to landlord; Legal Costs: $2,185.00 awarded to landlord; Legal Costs: $3,096.80 awarded to landlord

What type of tenancy dispute was case 9079404?

The dispute type was not classified.

Where can I read the official tribunal order for case 9079404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13693980-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9079404?

The tribunal order states: Gaginang Holdings Limited must pay Body Corporate 88633 $6,056.41

How much money was awarded in case 9079404?

Filing Fee: $500.00 awarded to landlord; Interest: $274.61 awarded to landlord; Legal Costs: $2,185.00 awarded to landlord; Legal Costs: $3,096.80 awarded to landlord

What type of tenancy dispute was case 9079404?

The dispute type was not classified.

Where can I read the official tribunal order for case 9079404?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13693980-UTA_Tribunal_Order.pdf.

Ellerslie, Auckland Tenancy Tribunal Case 9079404 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9079404 — net $6,056.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ApplicantRespondent Body Corporate collection costs	$2,185.00	ApplicantRespondent Body Corporate collection costs
Solicitor costs (includes 35min hearing	$3,096.80	Solicitor costs (includes 35min hearing
Interest 9 September 2025 to 23 February 2025	$274.61	Interest 9 September 2025 to 23 February 2025
Filing Fee	$500.00	Filing Fee
Net award	$6,056.41
Total payable by Tenant to Landlord	$6,056.41

Gaginang Holdings Limited must pay Body Corporate 88633 $6,056.41 immediately, calculated as follows: DescriptionApplicantRespondent Body Corporate collection costs$2,185.00 Solicitor costs (includes 35min hearing) $3,096.80 Interest 9 September 2025 to 23 February 2025 $274.61 Filing Fee$500.00 Total award$6,056.41 Total payable by Respondent to Applicant $6,056.41

Reasons

Both parties attended the hearing. Ms Donovan represented the Body Corporate. Ms Chan represented the unit owner.

At an AGM on 5 August 2025, the Body Corporate determined the levies payable for the year 12 September 2025 to 12 September 2026. The unit owner, Gaginang Holdings’, share for two units (unit A and unit H) totalled $6,002.03 and were due for payment on 9 September 2025.

Gaginang Holdings did not pay the levies when due and the Body Corporate’s professional body corporate manager, Body Corporate Administration Limited (BCA), incurred costs to collect the levies. When the debt was still not paid, the Body Corporate instructed Price Baker Berridge to recover it.

The outstanding levies were paid in full on 23 February 2026 and the Body Corporate has applied for recovery of interest, costs and the filing fee from Gaginang Holdings.

Is Gaginang Holdings 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: section 128 of the Unit Titles Act 2010 (the Act).

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 date the levies were paid.

Ms Chan claims that she spoke to a Body Corporate representative on 4 November 2025 about the unpaid levies and she believes that the person she spoke to (she thinks it may have been Sandy Garumuni from BCA) agreed to give Gaginang Holdings three months to pay the levies and agreed to not claim the penalty interest.

I am not satisfied that Ms Chan has provided sufficient evidence to support her claim that the Body Corporate waived the right to claim interest on the unpaid levies. The evidence provided by Ms Chan, in particular an email from Ms Garumuni to Ms Chan dated 5 November, requesting payment of the outstanding levies makes no mention of any agreement to waive the right to claim interest or for delayed payment of the levies.

I therefore find Gaginang Holdings liable for the interest claimed.

Is Gaginang Holdings liable for costs?

Pursuant to section 124 of the Unit Titles Act 2010 (the Act) 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 in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and more recently Body Corporate 346799 v Gueirard [2023] NZDC 19645, 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 Body Corporate provided invoices for the administration fees and for solicitors’ fees that establish the costs incurred to recover the levies. Ms Donovan outlined, in her submissions, the work done by BCA in an attempt to collect the levies for the two units. Time sheets were also provided outlining the work completed by Price Baker Berridge and the time spent in attempting to recover the unpaid levies, costs and interest. I am satisfied that the costs claimed are reasonable.

Ms Chan claims that she was unaware that if she did not pay the levies the debts would be handed over to solicitors for collection and further costs would be incurred. She said that she was unaware of the further costs claimed until after this application was filed.

However, the correspondence provided in evidence does not support her claim. Ms Garumuni from BCA emailed Ms Chan (and others) on 1 December 2025 warning Gaginang Holdings that if the levies are not paid by 4 December 2025 an application would be made to the Tribunal and this will incur further costs. Ms Chan claims that she did not receive the email, but she confirmed that the email address used was correct. The debt was handed to Price Baker Berridge for collection on 19 January 2026 and that same day they emailed Ms Chan (and others) demanding that Gaginang Holdings pay the outstanding levies, costs and interest by 26 January. If it failed to do so legal proceedings may be filed with further costs recoverable from Gaginang Holdings. As mentioned, the levies were not paid until 23 February 2026. Price Baker Berridge sent a similar demand letter on 25 February 2026 requesting payment of their fees to date, BCA’s fees, and interest.

I am therefore satisfied that Gaginang Holdings is liable for the costs claimed.

The Body Corporate 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.

Claims and awards in Tenancy Tribunal application 9079404 — net $6,056.41 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ApplicantRespondent Body Corporate collection costs	$2,185.00	ApplicantRespondent Body Corporate collection costs
Solicitor costs (includes 35min hearing	$3,096.80	Solicitor costs (includes 35min hearing
Interest 9 September 2025 to 23 February 2025	$274.61	Interest 9 September 2025 to 23 February 2025
Filing Fee	$500.00	Filing Fee
Net award	$6,056.41
Total payable by Tenant to Landlord	$6,056.41

Order

Gaginang Holdings Limited must pay Body Corporate 88633 $6,056.41 immediately, calculated as follows: DescriptionApplicantRespondent Body Corporate collection costs$2,185.00 Solicitor costs (includes 35min hearing) $3,096.80 Interest 9 September 2025 to 23 February 2025 $274.61 Filing Fee$500.00 Total award$6,056.41 Total payable by Respondent to Applicant $6,056.41

Reasons

Both parties attended the hearing. Ms Donovan represented the Body Corporate. Ms Chan represented the unit owner.
At an AGM on 5 August 2025, the Body Corporate determined the levies payable for the year 12 September 2025 to 12 September 2026. The unit owner, Gaginang Holdings’, share for two units (unit A and unit H) totalled $6,002.03 and were due for payment on 9 September 2025.
Gaginang Holdings did not pay the levies when due and the Body Corporate’s professional body corporate manager, Body Corporate Administration Limited (BCA), incurred costs to collect the levies. When the debt was still not paid, the Body Corporate instructed Price Baker Berridge to recover it.
The outstanding levies were paid in full on 23 February 2026 and the Body Corporate has applied for recovery of interest, costs and the filing fee from Gaginang Holdings.

Is Gaginang Holdings 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: section 128 of the Unit Titles Act 2010 (the Act).
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 date the levies were paid.
Ms Chan claims that she spoke to a Body Corporate representative on 4 November 2025 about the unpaid levies and she believes that the person she spoke to (she thinks it may have been Sandy Garumuni from BCA) agreed to give Gaginang Holdings three months to pay the levies and agreed to not claim the penalty interest.
I am not satisfied that Ms Chan has provided sufficient evidence to support her claim that the Body Corporate waived the right to claim interest on the unpaid levies. The evidence provided by Ms Chan, in particular an email from Ms Garumuni to Ms Chan dated 5 November, requesting payment of the outstanding levies makes no mention of any agreement to waive the right to claim interest or for delayed payment of the levies.
I therefore find Gaginang Holdings liable for the interest claimed.

Is Gaginang Holdings liable for costs?

Pursuant to section 124 of the Unit Titles Act 2010 (the Act) 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 in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and more recently Body Corporate 346799 v Gueirard [2023] NZDC 19645, 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 Body Corporate provided invoices for the administration fees and for solicitors’ fees that establish the costs incurred to recover the levies. Ms Donovan outlined, in her submissions, the work done by BCA in an attempt to collect the levies for the two units. Time sheets were also provided outlining the work completed by Price Baker Berridge and the time spent in attempting to recover the unpaid levies, costs and interest. I am satisfied that the costs claimed are reasonable.
Ms Chan claims that she was unaware that if she did not pay the levies the debts would be handed over to solicitors for collection and further costs would be incurred. She said that she was unaware of the further costs claimed until after this application was filed.
However, the correspondence provided in evidence does not support her claim. Ms Garumuni from BCA emailed Ms Chan (and others) on 1 December 2025 warning Gaginang Holdings that if the levies are not paid by 4 December 2025 an application would be made to the Tribunal and this will incur further costs. Ms Chan claims that she did not receive the email, but she confirmed that the email address used was correct. The debt was handed to Price Baker Berridge for collection on 19 January 2026 and that same day they emailed Ms Chan (and others) demanding that Gaginang Holdings pay the outstanding levies, costs and interest by 26 January. If it failed to do so legal proceedings may be filed with further costs recoverable from Gaginang Holdings. As mentioned, the levies were not paid until 23 February 2026. Price Baker Berridge sent a similar demand letter on 25 February 2026 requesting payment of their fees to date, BCA’s fees, and interest.
I am therefore satisfied that Gaginang Holdings is liable for the costs claimed.
The Body Corporate 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.

Tenancy Tribunal case 9079404 — Tenancy dispute in Ellerslie, Auckland

At a glance

Tenancy Tribunal case 9079404 — Tenancy dispute in Ellerslie, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Is Gaginang Holdings liable for interest?

Is Gaginang Holdings liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Is Gaginang Holdings liable for interest?

Is Gaginang Holdings liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions