What was the outcome of Tenancy Tribunal case 9044364?

The tribunal order states: Leon Paul Robinson must pay Body Corporate 373645 $17,263.61 immediately,

How much money was awarded in case 9044364?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9044364?

The primary dispute was Unit Titles. Related themes: Ordinary Levy, Costs, Interest.

Where can I read the official tribunal order for case 9044364?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9419678-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9044364?

The tribunal order states: Leon Paul Robinson must pay Body Corporate 373645 $17,263.61 immediately,

How much money was awarded in case 9044364?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9044364?

The primary dispute was Unit Titles. Related themes: Ordinary Levy, Costs, Interest.

Where can I read the official tribunal order for case 9044364?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9419678-UTA_Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9044364 — Unit Titles

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Auckland, Auckland Tenancy Tribunal Case 9044364 — Unit Titles | TenantCheck

Order

Leon Paul Robinson must pay Body Corporate 373645 $17,263.61 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: operational levy instalment due on 1 July 2022 $3,050.92 Ordinary Levy: operational levy instalment due on 1 Feb 2023 $3,005.38

Costs: operational levy instalment due on 1 July 2023 $3,005.38

Electricity charges$772.26

Costs: body corporate debt collection charges $508.75 Costs: legal costs incurred from 8 February 2023 to date $5,449.52 Costs: hearing attendance on 15 Sept 2023 (one hour) $304.75 Filing Fee$500.00 Interest: to 15 Sept 2023$666.65 Total award$17,263.61

Reasons

Only the representative of the body corporate attended the remote hearing. Phone calls to the unit owner went unanswered.
The body corporate has applied for recovery of unpaid levies, outgoings, interest, costs and the filing fee from the unit owner.
The unit owner has emailed counsel for the body corporate and the Tribunal on Thursday 14 September indicating that he was going to attend today’s hearing by phone. The unit owner indicated that he accepts the levies claimed but disputes the collection costs charged.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has determined the levies payable and unit owner's share has been calculated according to their 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. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount 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. See section 128 Unit Titles Act 2010.
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?

Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, 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 (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, 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.
Having objectively assessed the costs incurred by the body corporate, I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Order

Costs: operational levy instalment due on 1 July 2023 $3,005.38

Electricity charges$772.26

Reasons

Only the representative of the body corporate attended the remote hearing. Phone calls to the unit owner went unanswered.
The body corporate has applied for recovery of unpaid levies, outgoings, interest, costs and the filing fee from the unit owner.
The unit owner has emailed counsel for the body corporate and the Tribunal on Thursday 14 September indicating that he was going to attend today’s hearing by phone. The unit owner indicated that he accepts the levies claimed but disputes the collection costs charged.

Does the Unit Owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has determined the levies payable and unit owner's share has been calculated according to their 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. See section 124(1) Unit Titles Act 2010. The body corporate has provided records to prove the amount 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. See section 128 Unit Titles Act 2010.
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?

Pursuant to section 124 UTA, and as resolved at meetings of the Body Corporate, 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 (of the District Court and Court of Appeal respectively) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004- 0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185, 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.
Having objectively assessed the costs incurred by the body corporate, I am satisfied that the costs ordered above are reasonable.
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9044364 — Unit Titles in Auckland, Auckland

Tenancy Tribunal case 9044364 — Unit Titles in Auckland, Auckland

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?