What was Tenancy Tribunal case 9061724 about?

The tribunal order states: Anthony Privett Reed, Fermina Fernandes, and Reed Trustee 2018 Limited As

How much money was awarded in case 9061724?

Filing Fee: $500.00 awarded to landlord; Interest: $2,247.54 awarded to landlord; Legal Costs: $1,309.51 awarded to landlord; Legal Costs: $390.00 awarded to landlord; Special Levies (Roof Project: $33,280.00 awarded to landlord

What type of tenancy dispute was case 9061724?

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

Where can I read the official tribunal order for case 9061724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698915-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9061724 about?

The tribunal order states: Anthony Privett Reed, Fermina Fernandes, and Reed Trustee 2018 Limited As

How much money was awarded in case 9061724?

Filing Fee: $500.00 awarded to landlord; Interest: $2,247.54 awarded to landlord; Legal Costs: $1,309.51 awarded to landlord; Legal Costs: $390.00 awarded to landlord; Special Levies (Roof Project: $33,280.00 awarded to landlord

What type of tenancy dispute was case 9061724?

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

Where can I read the official tribunal order for case 9061724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11698915-UTA_Tribunal_Order.pdf.

Remuera, Auckland Tenancy Tribunal Case 9061724 — Unit Titles

Order

Claims and awards in Tenancy Tribunal application 9061724. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Special Levies (Roof Project	$33,280.00	Special Levies (Roof Project
Interest	$2,247.54	Interest
Body Corporate debt collection costs	$1,309.51	Body Corporate debt collection costs
Legal costs	$390.00	Legal costs
Filing Fee	$500.00	Filing Fee

Anthony Privett Reed, Fermina Fernandes, and Reed Trustee 2018 Limited As Trustees Of The Prince Leo Trust must pay Body Corporate 407437 $37,727.05 immediately, calculated as follows: DescriptionsApplicantRespondent Special Levies (Roof Project)$33,280.00 Interest$2,247.54 Body Corporate debt collection costs$1,309.51 Legal costs$390.00 Interest$2,247.54 Filing Fee$500.00 Total award$37,727.05 Total payable by Respondents to Respondent $37,727.05

Reasons

The Body Corporate Manager (Centurion Management Services Ltd) attended the hearing via teleconference. Mr Reed and Ms Fernandes (otherwise known as Kim Reed) were both called on the numbers provided but the calls were not answered.

The absence of a party does not prevent the matter from being heard and determined.

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 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 dates 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 judgments of the District Court and Court of Appeal respectively, 1 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. 1 Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185.

The law about recovery of legal costs was further clarified in Body Corporate 346799 Gueirard v Vu [2023] NZDC 19645.

I am satisfied that the legal costs ordered above are reasonable in connection with drafting and serving a letter of demand.

I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable. This includes processing and monitoring any payments made, sending reminder notices, instructing legal, preparation of the file and attendance at the Tribunal, and all incidental communications.

Because the Body Corporate has succeeded with the claim, the respondent must pay the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Claims and awards in Tenancy Tribunal application 9061724. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Special Levies (Roof Project	$33,280.00	Special Levies (Roof Project
Interest	$2,247.54	Interest
Body Corporate debt collection costs	$1,309.51	Body Corporate debt collection costs
Legal costs	$390.00	Legal costs
Filing Fee	$500.00	Filing Fee

Order

Anthony Privett Reed, Fermina Fernandes, and Reed Trustee 2018 Limited As Trustees Of The Prince Leo Trust must pay Body Corporate 407437 $37,727.05 immediately, calculated as follows: DescriptionsApplicantRespondent Special Levies (Roof Project)$33,280.00 Interest$2,247.54 Body Corporate debt collection costs$1,309.51 Legal costs$390.00 Interest$2,247.54 Filing Fee$500.00 Total award$37,727.05 Total payable by Respondents to Respondent $37,727.05

Reasons

The Body Corporate Manager (Centurion Management Services Ltd) attended the hearing via teleconference. Mr Reed and Ms Fernandes (otherwise known as Kim Reed) were both called on the numbers provided but the calls were not answered.
The absence of a party does not prevent the matter from being heard and determined.
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 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 dates 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 judgments of the District Court and Court of Appeal respectively, 1 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. 1 Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014 and Body Corporate 162791 v Gilbert [2015] NZCA 185.
The law about recovery of legal costs was further clarified in Body Corporate 346799 Gueirard v Vu [2023] NZDC 19645.
I am satisfied that the legal costs ordered above are reasonable in connection with drafting and serving a letter of demand.
I also find that the costs incurred by the Body Corporate in recovery of the debt are reasonable. This includes processing and monitoring any payments made, sending reminder notices, instructing legal, preparation of the file and attendance at the Tribunal, and all incidental communications.
Because the Body Corporate has succeeded with the claim, the respondent must pay the filing fee. Section 176(1) Unit Titles Act 2010 and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9061724 — Unit Titles in Remuera, Auckland

At a glance

Tenancy Tribunal case 9061724 — Unit Titles in Remuera, 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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.