What was Tenancy Tribunal case 9061264 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 366567

How much money was awarded in case 9061264?

Costs: Appearance at hearing (0.75 h…: $237.19 awarded to landlord; Costs: S 124 Costs: $3,100.88 awarded to landlord; Interest: $65.83 awarded to landlord; Ordinary Levy: $110.49 awarded to landlord

What type of tenancy dispute was case 9061264?

The dispute type was not classified.

Where can I read the official tribunal order for case 9061264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11692187-Tribunal_Order.pdf.

What was Tenancy Tribunal case 9061264 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 366567

How much money was awarded in case 9061264?

Costs: Appearance at hearing (0.75 h…: $237.19 awarded to landlord; Costs: S 124 Costs: $3,100.88 awarded to landlord; Interest: $65.83 awarded to landlord; Ordinary Levy: $110.49 awarded to landlord

What type of tenancy dispute was case 9061264?

The dispute type was not classified.

Where can I read the official tribunal order for case 9061264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11692187-Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9061264 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9061264 — net $3,514.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: Appearance at hearing (0.75 hours	$237.19	Costs: Appearance at hearing (0.75 hours
Ordinary Levy	$110.49	Ordinary Levy
Costs: s 124 costs	$3,100.88	Costs: s 124 costs
Interest	$65.83	Interest
Net award	$3,514.39
Total payable by Tenant to Landlord	$3,514.39

[The party], [The party] must pay Body Corporate 366567 $3,514.39 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$110.49 Costs: s 124 costs$3,100.88 Interest$65.83 Costs: Appearance at hearing (0.75 hours) $237.19 Total payable by Respondent to Applicant $3,514.39

Reasons

The Body Corporate attended the hearing, set down to be conducted via video, with Ms Mai Naidoo of Price Baker Berridge representing. There was no entry into the video conference by the owner and a subsequent call to their number was made. This was not answered and went to voicemail. A second attempt had the same outcome. I was satisfied adequate service had completed and I continued with the hearing.

The Body Corporate has applied for recovery of unpaid levies, interest, and costs 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 has provided records to prove the amount claimed.

Since the application was lodged and before the date of the hearing the unit owners had made further payments to the Body Corporate, reducing the total monetary order sought.

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 requested further evidence be provided after the hearing, specifically written evidence of the Levy collection policy and Body Corporate communication, with dates, between it and the owner regarding the unpaid levy, prior to the engagement of legal counsel on or around 18 October 2024.

This evidence has now been provided. I am satisfied that the costs ordered above are reasonable. The owners were appropriately served with the debt notices, as per the levy collection policy and timetabling.

Claims and awards in Tenancy Tribunal application 9061264 — net $3,514.39 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Costs: Appearance at hearing (0.75 hours	$237.19	Costs: Appearance at hearing (0.75 hours
Ordinary Levy	$110.49	Ordinary Levy
Costs: s 124 costs	$3,100.88	Costs: s 124 costs
Interest	$65.83	Interest
Net award	$3,514.39
Total payable by Tenant to Landlord	$3,514.39

Order

[The party], [The party] must pay Body Corporate 366567 $3,514.39 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$110.49 Costs: s 124 costs$3,100.88 Interest$65.83 Costs: Appearance at hearing (0.75 hours) $237.19 Total payable by Respondent to Applicant $3,514.39

Reasons

The Body Corporate attended the hearing, set down to be conducted via video, with Ms Mai Naidoo of Price Baker Berridge representing. There was no entry into the video conference by the owner and a subsequent call to their number was made. This was not answered and went to voicemail. A second attempt had the same outcome. I was satisfied adequate service had completed and I continued with the hearing.
The Body Corporate has applied for recovery of unpaid levies, interest, and costs 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 has provided records to prove the amount claimed.
Since the application was lodged and before the date of the hearing the unit owners had made further payments to the Body Corporate, reducing the total monetary order sought.

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 requested further evidence be provided after the hearing, specifically written evidence of the Levy collection policy and Body Corporate communication, with dates, between it and the owner regarding the unpaid levy, prior to the engagement of legal counsel on or around 18 October 2024.
This evidence has now been provided. I am satisfied that the costs ordered above are reasonable. The owners were appropriately served with the debt notices, as per the levy collection policy and timetabling.

Tenancy Tribunal case 9061264 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9061264 — Tenancy dispute in Auckland Central, Auckland

At a glance

Award balance

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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

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

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.