What was Tenancy Tribunal case 9049004 about?

The tribunal order states: [The party] must pay Body Corporate 210575

How much money was awarded in case 9049004?

Costs: reasonable body corporate deb…: $4,912.55 awarded to landlord; Interest: To 7/06/2024: $558.90 awarded to landlord; Levies: Ground rent, operational lev…: $402.50 awarded to landlord; ORDER DescriptionsApplicant: $17,971.65 awarded to landlord

What type of tenancy dispute was case 9049004?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9049004?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10465770-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9049004 about?

The tribunal order states: [The party] must pay Body Corporate 210575

How much money was awarded in case 9049004?

Costs: reasonable body corporate deb…: $4,912.55 awarded to landlord; Interest: To 7/06/2024: $558.90 awarded to landlord; Levies: Ground rent, operational lev…: $402.50 awarded to landlord; ORDER DescriptionsApplicant: $17,971.65 awarded to landlord

What type of tenancy dispute was case 9049004?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 9049004?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10465770-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9049004 — Unit Titles

Order

Claims and awards in Tenancy Tribunal application 9049004. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER DescriptionsApplicant	$17,971.65	ORDER DescriptionsApplicant
Levies: Ground rent, operational levies advanced annual levies from 1/03/2022 to 18/06/2024	$402.50	Levies: Ground rent, operational levies advanced annual levies from 1/03/2022 to 18/06/2024
Costs: reasonable body corporate debt	$4,912.55	Costs: reasonable body corporate debt
Interest: to 7/06/2024	$558.90	Interest: to 7/06/2024

[The party] must pay Body Corporate 210575 $23,845.60 immediately, calculated as follows: DescriptionsApplicant Levies: Ground rent, operational levies, advanced annual levies from 1/03/2022 to 18/06/2024 $17,971.65 Costs: reasonable body corporate debt collection charges $402.50 Costs: Legal collection fees (including $500 Tribunal filing fee) $4,912.55 Interest: to 7/06/2024$558.90 Total award$23,845.60

Reasons

This hearing took place by videoconference on 17 June 2024. Mr San Diego attended the hearing as representative for the Body Corporate. There was no appearance by the respondent unit owner. The file records that both parties were sent notice and a link for the hearing. The hearing proceeded in the respondents’ absence.

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.

The levies outstanding pursuant to the amounts determined in the 2022 and 2023 AGMs as recorded in the applicant’s submissions is $15,715.52. This amount is ordered.

The respondent has been invoiced for the first instalment (being $2256.13) of the levies determined at the 2024 AGM. This amount is due on 18 June 2024.

In order to reduce further enforcement costs the Tribunal reserved this decision enable the applicant to provide evidence as to whether the levies were paid on time.

The applicant has filed further evidence confirming that the amount due has not been paid. Therefore, the total outstanding levies amount of $17,971.65 is ordered as sought.

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. Filing fee

Because the body corporate has succeeded with the claim I have reimbursed the filing fee. This amount is already included in the legal fees invoiced and ordered. See section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 9049004. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER DescriptionsApplicant	$17,971.65	ORDER DescriptionsApplicant
Levies: Ground rent, operational levies advanced annual levies from 1/03/2022 to 18/06/2024	$402.50	Levies: Ground rent, operational levies advanced annual levies from 1/03/2022 to 18/06/2024
Costs: reasonable body corporate debt	$4,912.55	Costs: reasonable body corporate debt
Interest: to 7/06/2024	$558.90	Interest: to 7/06/2024

Order

[The party] must pay Body Corporate 210575 $23,845.60 immediately, calculated as follows: DescriptionsApplicant Levies: Ground rent, operational levies, advanced annual levies from 1/03/2022 to 18/06/2024 $17,971.65 Costs: reasonable body corporate debt collection charges $402.50 Costs: Legal collection fees (including $500 Tribunal filing fee) $4,912.55 Interest: to 7/06/2024$558.90 Total award$23,845.60

Reasons

This hearing took place by videoconference on 17 June 2024. Mr San Diego attended the hearing as representative for the Body Corporate. There was no appearance by the respondent unit owner. The file records that both parties were sent notice and a link for the hearing. The hearing proceeded in the respondents’ absence.
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.
The levies outstanding pursuant to the amounts determined in the 2022 and 2023 AGMs as recorded in the applicant’s submissions is $15,715.52. This amount is ordered.
The respondent has been invoiced for the first instalment (being $2256.13) of the levies determined at the 2024 AGM. This amount is due on 18 June 2024.
In order to reduce further enforcement costs the Tribunal reserved this decision enable the applicant to provide evidence as to whether the levies were paid on time.
The applicant has filed further evidence confirming that the amount due has not been paid. Therefore, the total outstanding levies amount of $17,971.65 is ordered as sought.

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. Filing fee
Because the body corporate has succeeded with the claim I have reimbursed the filing fee. This amount is already included in the legal fees invoiced and ordered. See section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9049004 — Unit Titles in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9049004 — Unit Titles in Auckland Central, Auckland

At a glance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions