How much money was awarded in case 9058164?

_________________________ 90581642 O…: $2,179.88 awarded to landlord; Costs: body corporate secretary debt…: $920.00 awarded to landlord; Costs: counsel costs for hearing att…: $287.50 awarded to landlord; Costs: Legal Collection Costs: $3,260.54 awarded to landlord; emedial Levy: Levy instalment 4 of 4…: $4,846.40 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest:: $4,770.51 awarded to landlord; nsApplicantRespondent Ordinary Levy:…: $15.07 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $1,429.89 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $1,429.89 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $2,179.88 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $2,179.88 awarded to landlord; Remedial Levy: Levy for period 1 Nov…: $3,838.93 awarded to landlord; Remedial Levy: Levy instalment 1 of…: $4,846.40 awarded to landlord; Remedial Levy: Levy instalment 2 of…: $1,919.46 awarded to landlord; Remedial Levy: Levy instalment 2 of…: $4,846.40 awarded to landlord; Remedial Levy: Levy instalment 3 of…: $1,919.46 awarded to landlord; Remedial Levy: Levy instalment 3 of…: $4,846.40 awarded to landlord

What type of tenancy dispute was case 9058164?

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

Where can I read the official tribunal order for case 9058164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11415803-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9058164?

_________________________ 90581642 O…: $2,179.88 awarded to landlord; Costs: body corporate secretary debt…: $920.00 awarded to landlord; Costs: counsel costs for hearing att…: $287.50 awarded to landlord; Costs: Legal Collection Costs: $3,260.54 awarded to landlord; emedial Levy: Levy instalment 4 of 4…: $4,846.40 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest:: $4,770.51 awarded to landlord; nsApplicantRespondent Ordinary Levy:…: $15.07 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $1,429.89 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $1,429.89 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $2,179.88 awarded to landlord; Ordinary Levy: Levy for period 1 Nov…: $2,179.88 awarded to landlord; Remedial Levy: Levy for period 1 Nov…: $3,838.93 awarded to landlord; Remedial Levy: Levy instalment 1 of…: $4,846.40 awarded to landlord; Remedial Levy: Levy instalment 2 of…: $1,919.46 awarded to landlord; Remedial Levy: Levy instalment 2 of…: $4,846.40 awarded to landlord; Remedial Levy: Levy instalment 3 of…: $1,919.46 awarded to landlord; Remedial Levy: Levy instalment 3 of…: $4,846.40 awarded to landlord

What type of tenancy dispute was case 9058164?

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

Where can I read the official tribunal order for case 9058164?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11415803-UTA_Tribunal_Order.pdf.

Manukau, Auckland Tenancy Tribunal Case 9058164 — Unit Titles

Q: What was the outcome of Tenancy Tribunal case 9058164?

The tribunal order states: HJP Trustees Limited must pay Body Corporate 476439 $46,216.49 immediately,

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Manukau, Auckland Tenancy Tribunal Case 9058164 — Unit Titles | TenantCheck

Claims & awards

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

Claims and awards for application 9058164. Verify on MoJ.

nsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 d

Amount: $15.07
Awarded to: Landlord
Reason: nsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 d

Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023

Amount: $1,429.89
Awarded to: Landlord
Reason: Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023

Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 3 of 3 due on 01/07/2023

Amount: $1,429.89
Awarded to: Landlord
Reason: Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023

Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024

Amount: $2,179.88
Awarded to: Landlord
Reason: Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024

Claim types — money lines allowed on this order

Legal Costs Filing Fee Interest

Order

HJP Trustees Limited must pay Body Corporate 476439 $46,216.49 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 due on 15/12/2022 $15.07 Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023 $1,429.89 Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 3 of 3 due on 01/07/2023 $1,429.89 Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024 $2,179.88 Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 2 of 3 due on 01/03/2024 $2,179.88

Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 3 of 3 due on 01/05/2024 $2,179.88 Remedial Levy: Levy for period 1 November 2021 to 31 October 2022 due on 1 December 2022 $3,838.93 Remedial Levy: Levy instalment 2 of 3, special levy for construction defects due on 1/02/2023 $1,919.46 Remedial Levy: Levy instalment 3 of 3, special levy for construction defects due on 1/04/2023 $1,919.46 Remedial Levy: Levy instalment 1 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024 due on 1/11/2023 $4,846.40 Remedial Levy: Levy instalment 2 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024 due on 1/12/2023 $4,846.40 Remedial Levy: Levy instalment 3 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024 due on 1/02/2024 $4,846.40 Remedial Levy: Levy instalment 4 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024 due on 15/08/2024 $4,846.40 Costs: body corporate secretary debt collection charges $920.00 Costs: legal collection costs$3,260.54 Costs: counsel costs for hearing attendance (1 hour) $287.50 Filing Fee$500.00 Interest: to 11 February 2025$4,770.51 Total award$46,216.49

Reasons

Both parties attended the hearing by phone. The body corporate is represented by counsel.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The unit owner accepts that payment is owing but seeks a waiver of interest and costs due to personal financial hardship arising from the unrepaired building and unit which meant that it could not be rented out. The unit owner also contends that the builders concerned should bear the repair costs due to poor workmanship.
The Tribunal however does not have jurisdiction to waive interest and costs lawfully and properly incurred by the body corporate. Issues to do with who the body corporate might wish to sue regarding defective building work are also outside the purview of today’s hearing of the body corporate’s claim for recovery of unpaid levies, interest, costs and the filing fee.

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 as set out in the table above.

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 collection and legal 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.

Claims & awards

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

Claims and awards for application 9058164. Verify on MoJ.

nsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 d

Amount: $15.07
Awarded to: Landlord
Reason: nsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 d

Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023

Amount: $1,429.89
Awarded to: Landlord
Reason: Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023

Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 3 of 3 due on 01/07/2023

Amount: $1,429.89
Awarded to: Landlord
Reason: Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023

Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024

Amount: $2,179.88
Awarded to: Landlord
Reason: Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024

Claim types — money lines allowed on this order

Legal Costs Filing Fee Interest

Order

Reasons

Both parties attended the hearing by phone. The body corporate is represented by counsel.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
The unit owner accepts that payment is owing but seeks a waiver of interest and costs due to personal financial hardship arising from the unrepaired building and unit which meant that it could not be rented out. The unit owner also contends that the builders concerned should bear the repair costs due to poor workmanship.
The Tribunal however does not have jurisdiction to waive interest and costs lawfully and properly incurred by the body corporate. Issues to do with who the body corporate might wish to sue regarding defective building work are also outside the purview of today’s hearing of the body corporate’s claim for recovery of unpaid levies, interest, costs and the filing fee.

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 as set out in the table above.

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 collection and legal 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 9058164 — Unit Titles in Manukau, Auckland

At a glance

Tenancy Tribunal case 9058164 — Unit Titles in Manukau, 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

Property management

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

Property management

Frequently asked questions

Claim	Landlord	Reason
nsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 d	$15.07	nsApplicantRespondent Ordinary Levy: outstanding levy for period 1 November 2022 to 31 October 2023, instalment 1 of 3 d
Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023	$1,429.89	Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023
Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 3 of 3 due on 01/07/2023	$1,429.89	Ordinary Levy: Levy for period 1 November 2022 to 31 October 2023, instalment 2 of 3 due on 01/03/2023
Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024	$2,179.88	Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024
Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 2 of 3 due on 01/03/2024	$2,179.88	Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 1 of 3 due on 01/01/2024
_________________________ 90581642 Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 3 of 3	$2,179.88	_________________________ 90581642 Ordinary Levy: Levy for period 1 November 2023 to 31 October 2024, instalment 3 of 3
Remedial Levy: Levy for period 1 November 2021 to 31 October 2022 due on 1 December 2022	$3,838.93	Remedial Levy: Levy for period 1 November 2021 to 31 October 2022 due on 1 December 2022
Remedial Levy: Levy instalment 2 of 3, special levy for construction defects due on 1/02/2023	$1,919.46	Remedial Levy: Levy instalment 2 of 3, special levy for construction defects due on 1/02/2023
Remedial Levy: Levy instalment 3 of 3, special levy for construction defects due on 1/04/2023	$1,919.46	Remedial Levy: Levy instalment 2 of 3, special levy for construction defects due on 1/02/2023
Remedial Levy: Levy instalment 1 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024	$4,846.40	Remedial Levy: Levy instalment 1 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024
Remedial Levy: Levy instalment 2 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024	$4,846.40	Remedial Levy: Levy instalment 1 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024
Remedial Levy: Levy instalment 3 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024	$4,846.40	Remedial Levy: Levy instalment 1 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024
emedial Levy: Levy instalment 4 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024 d	$4,846.40	emedial Levy: Levy instalment 4 of 4, special levy for construction defects, period 1 November 2023 to 31 October 2024 d
Costs: body corporate secretary debt collection charges	$920.00	Costs: body corporate secretary debt collection charges
Costs: legal collection costs	$3,260.54	Costs: legal collection costs
Costs: counsel costs for hearing attendance (1 hour	$287.50	Costs: counsel costs for hearing attendance (1 hour
Filing Fee	$500.00	Filing Fee
Interest: to 11 February 2025	$4,770.51	Interest: to 11 February 2025