What was Tenancy Tribunal case 9061984 about?

The tribunal order states: [The party] must pay Body Corporate 378536 $7,675.44 immediately,

How much money was awarded in case 9061984?

Costs: BC Management: $287.50 awarded to landlord; Costs: Hearing (0.75 Hour: $258.75 awarded to landlord; Costs: Section 124 Costs: $3,578.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $84.59 awarded to landlord; Ordinary Levy: $2,966.10 awarded to landlord

What type of tenancy dispute was case 9061984?

The dispute type was not classified.

Where can I read the official tribunal order for case 9061984?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11688508-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9061984 about?

The tribunal order states: [The party] must pay Body Corporate 378536 $7,675.44 immediately,

How much money was awarded in case 9061984?

Costs: BC Management: $287.50 awarded to landlord; Costs: Hearing (0.75 Hour: $258.75 awarded to landlord; Costs: Section 124 Costs: $3,578.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $84.59 awarded to landlord; Ordinary Levy: $2,966.10 awarded to landlord

What type of tenancy dispute was case 9061984?

The dispute type was not classified.

Where can I read the official tribunal order for case 9061984?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11688508-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9061984 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9061984 — net $7,675.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy	$2,966.10	Ordinary Levy
Costs: BC Management	$287.50	Costs: BC Management
Costs: Section 124 costs	$3,578.50	Costs: Section 124 costs
Costs: Hearing (0.75 hour	$258.75	Costs: Hearing (0.75 hour
Interest	$84.59	Interest
Filing Fee	$500.00	Filing Fee
Net award	$7,675.44
Total payable by Tenant to Landlord	$7,675.44

[The party] must pay Body Corporate 378536 $7,675.44 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$2,966.10 Costs: BC Management$287.50 Costs: Section 124 costs$3,578.50 Costs: Hearing (0.75 hour)$258.75 Interest$84.59 Filing Fee$500.00 Total award$7,675.44 Total interest Total award with interest$7,675.44 Total payable by Respondent to Applicant $7,675.44

Reasons

The Body Corporate attended the hearing, set down to be conducted via video, with Mr Connall MacFadyen of Price Baker Berridge representing. There was no entry into the video conference by the owner and a subsequent call to his overseas number was made. This was not answered and went to voicemail. I was satisfied adequate service had completed and I continued with the hearing.

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.

There was a historic failure by the owner and a payment plan was entered into on or around 14 June 2024. The owner failed to adhere to that payment plan and the Body Corporate instructed Price Baker Berridge on 12 November 2024 to act on its behalf.

The owner, since this application was lodged, has paid that debt but the most recent levy of $2,966.10 (due 1 March 2025) remains unpaid and a variation to this application was made to include that.

The body corporate has provided records to prove the amount claimed and it is ordered.

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 costs ordered above are reasonable, bar a slight reduction of $100.00 from the total costs sought. This reduction recognises unnecessary legal costs incurred after the first filing of the application on 13 December 2024 and the delayed payment of the application fee on 24 January 2025. This delay, and resulting interactions/costs between the Body Corporate and the lawyer, was due to what appears to be a failure of the Body Corporate to pay the fee in a timely manner after appropriate invoicing. Further prompting and approval was required. This is not considered a cost the owner should incur.

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 and awards in Tenancy Tribunal application 9061984 — net $7,675.44 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy	$2,966.10	Ordinary Levy
Costs: BC Management	$287.50	Costs: BC Management
Costs: Section 124 costs	$3,578.50	Costs: Section 124 costs
Costs: Hearing (0.75 hour	$258.75	Costs: Hearing (0.75 hour
Interest	$84.59	Interest
Filing Fee	$500.00	Filing Fee
Net award	$7,675.44
Total payable by Tenant to Landlord	$7,675.44

Order

[The party] must pay Body Corporate 378536 $7,675.44 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$2,966.10 Costs: BC Management$287.50 Costs: Section 124 costs$3,578.50 Costs: Hearing (0.75 hour)$258.75 Interest$84.59 Filing Fee$500.00 Total award$7,675.44 Total interest Total award with interest$7,675.44 Total payable by Respondent to Applicant $7,675.44

Reasons

The Body Corporate attended the hearing, set down to be conducted via video, with Mr Connall MacFadyen of Price Baker Berridge representing. There was no entry into the video conference by the owner and a subsequent call to his overseas number was made. This was not answered and went to voicemail. I was satisfied adequate service had completed and I continued with the hearing.
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.
There was a historic failure by the owner and a payment plan was entered into on or around 14 June 2024. The owner failed to adhere to that payment plan and the Body Corporate instructed Price Baker Berridge on 12 November 2024 to act on its behalf.
The owner, since this application was lodged, has paid that debt but the most recent levy of $2,966.10 (due 1 March 2025) remains unpaid and a variation to this application was made to include that.
The body corporate has provided records to prove the amount claimed and it is ordered.

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 costs ordered above are reasonable, bar a slight reduction of $100.00 from the total costs sought. This reduction recognises unnecessary legal costs incurred after the first filing of the application on 13 December 2024 and the delayed payment of the application fee on 24 January 2025. This delay, and resulting interactions/costs between the Body Corporate and the lawyer, was due to what appears to be a failure of the Body Corporate to pay the fee in a timely manner after appropriate invoicing. Further prompting and approval was required. This is not considered a cost the owner should incur.
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 9061984 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9061984 — 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.