How much money was awarded in case 9060544?

BC Manager Debt Recovery Costs: $402.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $1,078.00 awarded to landlord; Legal Costs: $11,568.14 awarded to landlord; PBB’ Agent’S Appearance Fee: $322.00 awarded to landlord

What type of tenancy dispute was case 9060544?

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

Where can I read the official tribunal order for case 9060544?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11687472-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9060544?

BC Manager Debt Recovery Costs: $402.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $1,078.00 awarded to landlord; Legal Costs: $11,568.14 awarded to landlord; PBB’ Agent’S Appearance Fee: $322.00 awarded to landlord

What type of tenancy dispute was case 9060544?

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

Where can I read the official tribunal order for case 9060544?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11687472-UTA_Tribunal_Order.pdf.

Parnell, Auckland Tenancy Tribunal Case 9060544 — Unit Titles

Q: What was Tenancy Tribunal case 9060544 about?

The tribunal order states: [The party] must pay Body Corporate 188647 $13,870.64 immediately, calculated

Reasons

Claims and awards in Tenancy Tribunal application 9060544. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interest	$1,078.00	Interest
BC Manager debt recovery costs	$402.50	BC Manager debt recovery costs
PBB debt recovery legal costs	$11,568.14	PBB debt recovery legal costs
PBB’ agent’s appearance fee	$322.00	PBB’ agent’s appearance fee
Filing Fee	$500.00	Filing Fee

The hearing was conducted remotely on Microsoft Teams.

Monique McGregor, a legal executive, attended the hearing as agent for Price Baker Berridge Lawyers, whom the body corporate has instructed on this matter.

The unit owner did not attend. The hearing proceeded in the unit owner’s absence.

The body corporate has applied for recovery of unpaid interest, costs and the filing fee from the unit owner.

Did the unit owner fail to pay their levies on the due dates?

A unit owner must pay all body corporate levies and outgoings payable for the unit. 1

The body corporate determined the levies payable and calculated the unit owner's share according to their utility interest.

The body corporate fixed the due dates for the levies to be paid, but the unit owner repeatedly did not pay the levies by the due dates. 2 It was not until 28 August 2024 that the unit owner paid all the overdue levies.

That was not the end of the matter, however, because in the meantime, interest had accrued on the outstanding levies and the body corporate had to incur significant costs to recover the levies and, over time, recovery costs themselves.

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 percent per annum. 3

The body corporate has resolved to charge interest at 10 percent per annum on unpaid levies.

The body corporate submitted a table calculating the interest, which proved the amount the unit owner owes for interest from the due dates for the levies to when the unit owner eventually paid the levies. 1 See Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121(1) . 2 UTA, s 124(1). 3 UTA, s 128.

Is the unit owner liable for recovery costs?

The body corporate is entitled to recover any reasonable costs it incurs in collecting levies and any expenses rendered necessary by reason of the unit owner’s wilful or negligent act or omission as a debt due by the owner to the body corporate. 4

The building manager’s costs are unexceptional. The legal costs ordered are in keeping with typical legal costs for matters of this nature. The costs are greater than some such applications because Ms McGregor had to expend a lot of additional time, apparently due to the unit owner’s regrettable reluctance to promptly accept liability for the levies, interest, and costs.

Unfortunately, when unit owners delay making payment in such situations, they just keep incurring significant costs on top of what they already owe. The longer the procrastination, the greater the costs will be.

The idea that wan excuses for failing to pay the levies and costs will be effective are illusory. It is usually in the unit owner’s interests, therefore, to pay what they owe without delay.

The costs are ordered. Filing fee

The unit owner must reimburse the body corporate for the filing fee. 5

Claims and awards in Tenancy Tribunal application 9060544. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Interest	$1,078.00	Interest
BC Manager debt recovery costs	$402.50	BC Manager debt recovery costs
PBB debt recovery legal costs	$11,568.14	PBB debt recovery legal costs
PBB’ agent’s appearance fee	$322.00	PBB’ agent’s appearance fee
Filing Fee	$500.00	Filing Fee

Order

[The party] must pay Body Corporate 188647 $13,870.64 immediately, calculated as follows: DescriptionsRespondent Interest$1,078.00 BC Manager debt recovery costs$402.50 PBB debt recovery legal costs$11,568.14 PBB’ agent’s appearance fee$322.00 Filing Fee$500.00 Total award$13,870.64

Reasons

The hearing was conducted remotely on Microsoft Teams.
Monique McGregor, a legal executive, attended the hearing as agent for Price Baker Berridge Lawyers, whom the body corporate has instructed on this matter.
The unit owner did not attend. The hearing proceeded in the unit owner’s absence.
The body corporate has applied for recovery of unpaid interest, costs and the filing fee from the unit owner.

Did the unit owner fail to pay their levies on the due dates?

A unit owner must pay all body corporate levies and outgoings payable for the unit. 1
The body corporate determined the levies payable and calculated the unit owner's share according to their utility interest.
The body corporate fixed the due dates for the levies to be paid, but the unit owner repeatedly did not pay the levies by the due dates. 2 It was not until 28 August 2024 that the unit owner paid all the overdue levies.
That was not the end of the matter, however, because in the meantime, interest had accrued on the outstanding levies and the body corporate had to incur significant costs to recover the levies and, over time, recovery costs themselves.

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 percent per annum. 3
The body corporate has resolved to charge interest at 10 percent per annum on unpaid levies.
The body corporate submitted a table calculating the interest, which proved the amount the unit owner owes for interest from the due dates for the levies to when the unit owner eventually paid the levies. 1 See Unit Titles Act 2010 (UTA), ss 80(1)(f) and 121(1) . 2 UTA, s 124(1). 3 UTA, s 128.

Is the unit owner liable for recovery costs?

The body corporate is entitled to recover any reasonable costs it incurs in collecting levies and any expenses rendered necessary by reason of the unit owner’s wilful or negligent act or omission as a debt due by the owner to the body corporate. 4
The building manager’s costs are unexceptional. The legal costs ordered are in keeping with typical legal costs for matters of this nature. The costs are greater than some such applications because Ms McGregor had to expend a lot of additional time, apparently due to the unit owner’s regrettable reluctance to promptly accept liability for the levies, interest, and costs.
Unfortunately, when unit owners delay making payment in such situations, they just keep incurring significant costs on top of what they already owe. The longer the procrastination, the greater the costs will be.
The idea that wan excuses for failing to pay the levies and costs will be effective are illusory. It is usually in the unit owner’s interests, therefore, to pay what they owe without delay.
The costs are ordered. Filing fee
The unit owner must reimburse the body corporate for the filing fee. 5

Tenancy Tribunal case 9060544 — Unit Titles in Parnell, Auckland

At a glance

Tenancy Tribunal case 9060544 — Unit Titles in Parnell, Auckland

At a glance

Claims & awards

Order

Reasons

Did the unit owner fail to pay their levies on the due dates?

Is the unit owner liable for interest?

Is the unit owner liable for recovery costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Claims & awards

Order

Reasons

Did the unit owner fail to pay their levies on the due dates?

Is the unit owner liable for interest?

Is the unit owner liable for recovery costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.