What was Tenancy Tribunal case 9046044 about?

The tribunal order states: [The party] must pay Body Corporate 501310 $10,505.94 immediately, calculated as

How much money was awarded in case 9046044?

Costs: $3,968.78 awarded to landlord; Filing Fee: $500.00 awarded to landlord; ORDER Follows DescriptionsApplicantR…: $5,602.81 awarded to landlord

What type of tenancy dispute was case 9046044?

The dispute type was not classified.

Where can I read the official tribunal order for case 9046044?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9683715-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9046044 about?

The tribunal order states: [The party] must pay Body Corporate 501310 $10,505.94 immediately, calculated as

How much money was awarded in case 9046044?

Costs: $3,968.78 awarded to landlord; Filing Fee: $500.00 awarded to landlord; ORDER Follows DescriptionsApplicantR…: $5,602.81 awarded to landlord

What type of tenancy dispute was case 9046044?

The dispute type was not classified.

Where can I read the official tribunal order for case 9046044?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9683715-UTA_Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9046044 — Tenancy dispute

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Auckland, Auckland Tenancy Tribunal Case 9046044 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9046044 — net $10,505.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024	$5,602.81	ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024
Costs	$3,968.78	Costs
Filing Fee	$500.00	Filing Fee
Net award	$10,505.94
Total payable by Tenant to Landlord	$10,505.94

Claims and awards for application 9046044 — net $10,505.94 NZD. Verify on MoJ.

ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024

Amount: $5,602.81
Awarded to: Landlord
Reason: ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024

Costs

Amount: $3,968.78
Awarded to: Landlord
Reason: Costs

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Net award

Landlord $10,505.94

Total payable by Tenant to Landlord

Landlord $10,505.94

Claim types — money lines allowed on this order

Filing Fee

Order

[The party] must pay Body Corporate 501310 $10,505.94 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024 $5,602.81 Costs$3,968.78 Filing Fee$500.00 Total award$10,071.59 Interest 20 November 2022 – 24 November 2023 $434.35 Total award with interest$10,505.94 Total payable by Respondent to Applicant $10,505.94

Reasons

Ms MacGregor attended the hearing for the Body Corporate. The unit owner did not attend. The only telephone number provided to the Tribunal for the unit owner was a number in China and when the Tribunal called it, it was not connected.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. Levies
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 Act).
The Body Corporate has determined the levies payable, and the 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) of the Act. The Body Corporate has provided records to prove the amount claimed. 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 of 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 dates to the hearing date. Costs
Pursuant to section 124 of the Act, 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.
The costs claimed are largely reasonable. I have not allowed the charge made for office expenses and file storage because I regard those as office overheads, not costs incurred in connection with the application. I have allowed one hour for the hearing to include tasks associated with it.
Because the body corporate has succeeded with the claim, I have awarded the filing fee. Section 176(1) of the act and s102(4) Residential Tenancies Act 1986.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9046044 — net $10,505.94 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024	$5,602.81	ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024
Costs	$3,968.78	Costs
Filing Fee	$500.00	Filing Fee
Net award	$10,505.94
Total payable by Tenant to Landlord	$10,505.94

Claims and awards for application 9046044 — net $10,505.94 NZD. Verify on MoJ.

ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024

Amount: $5,602.81
Awarded to: Landlord
Reason: ORDER follows DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024

Costs

Amount: $3,968.78
Awarded to: Landlord
Reason: Costs

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Net award

Landlord $10,505.94

Total payable by Tenant to Landlord

Landlord $10,505.94

Claim types — money lines allowed on this order

Filing Fee

Order

[The party] must pay Body Corporate 501310 $10,505.94 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy 1 June 2022 – 31 May 2024 $5,602.81 Costs$3,968.78 Filing Fee$500.00 Total award$10,071.59 Interest 20 November 2022 – 24 November 2023 $434.35 Total award with interest$10,505.94 Total payable by Respondent to Applicant $10,505.94

Reasons

Ms MacGregor attended the hearing for the Body Corporate. The unit owner did not attend. The only telephone number provided to the Tribunal for the unit owner was a number in China and when the Tribunal called it, it was not connected.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. Levies
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 Act).
The Body Corporate has determined the levies payable, and the 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) of the Act. The Body Corporate has provided records to prove the amount claimed. 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 of 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 dates to the hearing date. Costs
Pursuant to section 124 of the Act, 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.
The costs claimed are largely reasonable. I have not allowed the charge made for office expenses and file storage because I regard those as office overheads, not costs incurred in connection with the application. I have allowed one hour for the hearing to include tasks associated with it.
Because the body corporate has succeeded with the claim, I have awarded the filing fee. Section 176(1) of the act and s102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9046044 — Tenancy dispute in Auckland, Auckland

At a glance

Tenancy Tribunal case 9046044 — Tenancy dispute in Auckland, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions