What was the outcome of Tenancy Tribunal case 9049124?

The tribunal order states: Rahnama Family Trustees Limited must pay Body Corporate 198438 $17,959.54

How much money was awarded in case 9049124?

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 9049124?

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

Where can I read the official tribunal order for case 9049124?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10923143-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9049124?

The tribunal order states: Rahnama Family Trustees Limited must pay Body Corporate 198438 $17,959.54

How much money was awarded in case 9049124?

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 9049124?

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

Where can I read the official tribunal order for case 9049124?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10923143-UTA_Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9049124 — Unit Titles

Order

Rahnama Family Trustees Limited must pay Body Corporate 198438 $17,959.54 immediately, calculated as follows: DescriptionsApplicantRespondent Levies $1,493.61 Body Corporate debt collection costs $1,262.50 Legal costs $12,294.36 Legal costs appearance at Tribunal $457.12 Filing fee $500.00 Interest $1,951.95 Total award $17,959.54 Total payable by Applicant to Respondent $17,959.54

Reasons

Both parties attended the hearing. The applicant was represented by Ms Monique McGregor of Price Baker Berridge, Barristers and Solicitors. The respondent was represented by the company director, Fahimeh Rahnama.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
Ms Rahnama owns two units at this complex; 10E (subject to this application) and 10H. Ms Rahnama says she did not receive invoices for 10E, but she acknowledges they were sent to the address and email she had originally provided. Ms Rahnama says she should have addressed the debt earlier but was unable to due to personal issues. She says the Body Corporate is also to blame as they were going through a transition period and communication was not good. Ms Rahnama says she contacted the Body Corporate at the end of 2023, she was told the amount owed and if paid, she would be up to date. Ms Rahnama says she assumed she was up to date for both units, but she later found out the communication was only in relation to unit 10H and not 10E. Ms Rahnama says that no-one phoned her or contacted her personally. Ms Rahnama says she does not dispute any of the charges except for the legal costs and says she should not have to pay because the invoices were sent to the wrong address, and she was confused about both units.

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 McGregor confirmed that discounts applied to the account have been reversed due to late payments.
Ms Rahnama does not dispute her obligation to pay the outstanding levies of $1,493.61 and I am satisfied this amount is due and owing.

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 on 2 October 2024.

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 judgments of the District Court and Court of Appeal respectively 1 , 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 law about recovery of legal costs was further clarified in Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645. A copy of this decision was provided by the applicant.
I have considered the submissions made by Ms Rahnama, but I am unable to make a finding in her favour. Ms Rahnama was unable to provide any evidence that she notified the Body Corporate of a change of address. Ms Rahnama also failed to mitigate her losses. I find that she must have been aware that levies were due for 10E as she acknowledges receiving invoices for 10H in the same complex. The email from the Body Corporate dated 10 November 2023 refers to invoice numbers which relate to unit 10H and not 10E, therefore it is not relevant to this application. The levies for 10E were outstanding from 23 August 2022, they totalled $12,570.42 on 31 January 2024, and no payments were made by Ms Rahnama until 10 February 2024. I find that the Body Corporate are therefore entitled to recover reasonable costs of collecting unpaid levies, including legal costs.
I have considered the time sheets submitted by Price Baker Berridge and I am satisfied the work done by them was reasonably necessary and the amount charged was reasonable when objectively assessed. I have reduced the appearance costs to $457.12 for 1.5 hours at the Tribunal.
I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable.
Because the Body Corporate has succeeded with the claim, Rahnama Family Trustees Limited must reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Order

Rahnama Family Trustees Limited must pay Body Corporate 198438 $17,959.54 immediately, calculated as follows: DescriptionsApplicantRespondent Levies $1,493.61 Body Corporate debt collection costs $1,262.50 Legal costs $12,294.36 Legal costs appearance at Tribunal $457.12 Filing fee $500.00 Interest $1,951.95 Total award $17,959.54 Total payable by Applicant to Respondent $17,959.54

Reasons

Both parties attended the hearing. The applicant was represented by Ms Monique McGregor of Price Baker Berridge, Barristers and Solicitors. The respondent was represented by the company director, Fahimeh Rahnama.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
Ms Rahnama owns two units at this complex; 10E (subject to this application) and 10H. Ms Rahnama says she did not receive invoices for 10E, but she acknowledges they were sent to the address and email she had originally provided. Ms Rahnama says she should have addressed the debt earlier but was unable to due to personal issues. She says the Body Corporate is also to blame as they were going through a transition period and communication was not good. Ms Rahnama says she contacted the Body Corporate at the end of 2023, she was told the amount owed and if paid, she would be up to date. Ms Rahnama says she assumed she was up to date for both units, but she later found out the communication was only in relation to unit 10H and not 10E. Ms Rahnama says that no-one phoned her or contacted her personally. Ms Rahnama says she does not dispute any of the charges except for the legal costs and says she should not have to pay because the invoices were sent to the wrong address, and she was confused about both units.

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 McGregor confirmed that discounts applied to the account have been reversed due to late payments.
Ms Rahnama does not dispute her obligation to pay the outstanding levies of $1,493.61 and I am satisfied this amount is due and owing.

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 on 2 October 2024.

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 judgments of the District Court and Court of Appeal respectively 1 , 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 law about recovery of legal costs was further clarified in Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645. A copy of this decision was provided by the applicant.
I have considered the submissions made by Ms Rahnama, but I am unable to make a finding in her favour. Ms Rahnama was unable to provide any evidence that she notified the Body Corporate of a change of address. Ms Rahnama also failed to mitigate her losses. I find that she must have been aware that levies were due for 10E as she acknowledges receiving invoices for 10H in the same complex. The email from the Body Corporate dated 10 November 2023 refers to invoice numbers which relate to unit 10H and not 10E, therefore it is not relevant to this application. The levies for 10E were outstanding from 23 August 2022, they totalled $12,570.42 on 31 January 2024, and no payments were made by Ms Rahnama until 10 February 2024. I find that the Body Corporate are therefore entitled to recover reasonable costs of collecting unpaid levies, including legal costs.
I have considered the time sheets submitted by Price Baker Berridge and I am satisfied the work done by them was reasonably necessary and the amount charged was reasonable when objectively assessed. I have reduced the appearance costs to $457.12 for 1.5 hours at the Tribunal.
I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable.
Because the Body Corporate has succeeded with the claim, Rahnama Family Trustees Limited must reimburse the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9049124 — Unit Titles in Auckland, Auckland

Tenancy Tribunal case 9049124 — 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?

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