What was the outcome of Tenancy Tribunal case 9057324?

The tribunal order states: Saumitra Rawat must pay Body Corporate 314856 $78,017.75 immediately,

How much money was awarded in case 9057324?

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 9057324?

The dispute type was not classified.

Where can I read the official tribunal order for case 9057324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11495336-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9057324?

The tribunal order states: Saumitra Rawat must pay Body Corporate 314856 $78,017.75 immediately,

How much money was awarded in case 9057324?

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 9057324?

The dispute type was not classified.

Where can I read the official tribunal order for case 9057324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11495336-UTA_Tribunal_Order.pdf.

Wellington, Wellington Tenancy Tribunal Case 9057324 — Tenancy dispute

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Wellington, Wellington Tenancy Tribunal Case 9057324 — Tenancy dispute | TenantCheck

Order

Saumitra Rawat must pay Body Corporate 314856 $78,017.75 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$28,649.67 Remedial Levies$28,557.00 Water charges$1,114.99 Interest: on unpaid levies and water charges $10,637.66 Body Corporate Manager debt collection charges $948.00 Legal costs$7,299.93 Legal costs for appearance at hearing$310.50 Filing Fee$500.00 Total award$78,017.75 Total payable by Respondent to Applicant $78,017.75

Reasons

The applicant attended the hearing by telephone represented by its agent Ms McGregor from Price Baker Berridge, Barristers & Solicitors.
There was no appearance by the unit owner in person and nor did he provide a telephone contact number should he wish to attend by teleconference, which was offered to him as an option.
I am satisfied that the unit owner received notice of the hearing and chose not to attend.
The body corporate has applied for recovery of unpaid levies, water charges 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 (UTA).
The body corporate has determined the levies and water charges 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) UTA. The body corporate has provided records to prove the amounts claimed.
The body corporate has invoiced the unit owner for the water charges as shown in records produced in evidence and the unit owner has not paid the charges by the due date. Therefore, the water charges are recoverable from the owner as if they were a levy. See section 125 UTA.

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) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 45131 v 88 Chi Limited [2023] NZDC 9036 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. The applicant also drew attention to the District Court case Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645
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

Saumitra Rawat must pay Body Corporate 314856 $78,017.75 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$28,649.67 Remedial Levies$28,557.00 Water charges$1,114.99 Interest: on unpaid levies and water charges $10,637.66 Body Corporate Manager debt collection charges $948.00 Legal costs$7,299.93 Legal costs for appearance at hearing$310.50 Filing Fee$500.00 Total award$78,017.75 Total payable by Respondent to Applicant $78,017.75

Reasons

The applicant attended the hearing by telephone represented by its agent Ms McGregor from Price Baker Berridge, Barristers & Solicitors.
There was no appearance by the unit owner in person and nor did he provide a telephone contact number should he wish to attend by teleconference, which was offered to him as an option.
I am satisfied that the unit owner received notice of the hearing and chose not to attend.
The body corporate has applied for recovery of unpaid levies, water charges 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 (UTA).
The body corporate has determined the levies and water charges 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) UTA. The body corporate has provided records to prove the amounts claimed.
The body corporate has invoiced the unit owner for the water charges as shown in records produced in evidence and the unit owner has not paid the charges by the due date. Therefore, the water charges are recoverable from the owner as if they were a levy. See section 125 UTA.

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) in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 45131 v 88 Chi Limited [2023] NZDC 9036 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. The applicant also drew attention to the District Court case Body Corporate 346799 v Gueirard & Vu [2023] NZDC 19645
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 9057324 — Tenancy dispute in Wellington, Wellington

Tenancy Tribunal case 9057324 — Tenancy dispute in Wellington, Wellington

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?