What was the outcome of Tenancy Tribunal case 9051924?

The tribunal order states: Rui Liu, Jie Liu must pay Body Corporate 348047 $30,247.05 immediately,

How much money was awarded in case 9051924?

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 9051924?

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

Where can I read the official tribunal order for case 9051924?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10515577-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9051924?

The tribunal order states: Rui Liu, Jie Liu must pay Body Corporate 348047 $30,247.05 immediately,

How much money was awarded in case 9051924?

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 9051924?

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

Where can I read the official tribunal order for case 9051924?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10515577-UTA_Tribunal_Order.pdf.

Auckland, Auckland Tenancy Tribunal Case 9051924 — Unit Titles

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Auckland, Auckland Tenancy Tribunal Case 9051924 — Unit Titles | TenantCheck

Order

Rui Liu, Jie Liu must pay Body Corporate 348047 $30,247.05 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: for 2023/2024 period, instalment due 31 Aug 2023 $1,291.99 Ordinary Levy: for 2023/2024 period, instalment due 31 Jan 2024 $1,291.99 Interest: on outstanding ordinary levies to 1 July 2024, at 10% pa $161.76 Special Levy: building remedial levies, instalment due 19 June 2023 $11,902.50 Special Levy: building remedial levies, instalment due 24 Nov 2023 $10,580.00 Interest: on outstanding building remedial levies to 19 April 2024, at 10% pa $1,598.74 Interest charges on loan obtained by BC for building remedial work due to default by unit owner pursuant to s127 UTA, at

5% per annum calculated to 1 July 2024 $772.57 Filing Fee$500.00 Costs: debt collection costs incurred by body corporate secretary $1,371.25 Costs: attendance at hearing$776.25 Total award$30,247.05

Reasons

Only the representative of the body corporate attended the hearing.
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 also had to take up a loan on the unit owner’s portion of unpaid remedial levies to pay for building remedial works and incurred actual interest of 12.5% per annum. This amount is recoverable against the unit owner pursuant to section 127 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. 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

5% per annum calculated to 1 July 2024 $772.57 Filing Fee$500.00 Costs: debt collection costs incurred by body corporate secretary $1,371.25 Costs: attendance at hearing$776.25 Total award$30,247.05

Reasons

Only the representative of the body corporate attended the hearing.
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 also had to take up a loan on the unit owner’s portion of unpaid remedial levies to pay for building remedial works and incurred actual interest of 12.5% per annum. This amount is recoverable against the unit owner pursuant to section 127 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. 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 9051924 — Unit Titles in Auckland, Auckland

Tenancy Tribunal case 9051924 — 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?