What was the outcome of Tenancy Tribunal case 9045384?

The tribunal order states: Nicolette Louise Connors & Primrose Hill Trustees Limited must pay Body

How much money was awarded in case 9045384?

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 9045384?

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

Where can I read the official tribunal order for case 9045384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9558285-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9045384?

The tribunal order states: Nicolette Louise Connors & Primrose Hill Trustees Limited must pay Body

How much money was awarded in case 9045384?

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 9045384?

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

Where can I read the official tribunal order for case 9045384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9558285-UTA_Tribunal_Order.pdf.

Orakei, Auckland Tenancy Tribunal Case 9045384 — Unit Titles

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Orakei, Auckland Tenancy Tribunal Case 9045384 — Unit Titles | TenantCheck

Order

Nicolette Louise Connors & Primrose Hill Trustees Limited must pay Body Corporate 550855 $10,747.24 immediately, calculated as follows: Descriptions Ordinary Levy$3,440.86 Interest$1,031.62 Costs: Debt Collection$902.50 Costs: Legal$4,811.31 Costs: Appearance at Hearing$60.95 Filing Fee$500.00 Total award$10,747.24

Reasons

Representatives of both parties attended the hearing which was held by telephone.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

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. Ms Connors, attending for the owner, acknowledged the claims.

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. 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.
Ms Connors indicated that the debt has arisen because of issues between the Trustee owners of the unit. She advised that those issues have now been resolved and the owners expect to pay the debt by the end of November 2023.

Order

Nicolette Louise Connors & Primrose Hill Trustees Limited must pay Body Corporate 550855 $10,747.24 immediately, calculated as follows: Descriptions Ordinary Levy$3,440.86 Interest$1,031.62 Costs: Debt Collection$902.50 Costs: Legal$4,811.31 Costs: Appearance at Hearing$60.95 Filing Fee$500.00 Total award$10,747.24

Reasons

Representatives of both parties attended the hearing which was held by telephone.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

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. Ms Connors, attending for the owner, acknowledged the claims.

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. 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.
Ms Connors indicated that the debt has arisen because of issues between the Trustee owners of the unit. She advised that those issues have now been resolved and the owners expect to pay the debt by the end of November 2023.

Tenancy Tribunal case 9045384 — Unit Titles in Orakei, Auckland

Tenancy Tribunal case 9045384 — Unit Titles in Orakei, 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?

Property management

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Property management