What was Tenancy Tribunal case 9062284 about?

The tribunal order states: Po Chun Yang & [The party] must pay Body Corporate 477425 $7,581.76

How much money was awarded in case 9062284?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9062284?

The dispute type was not classified.

Where can I read the official tribunal order for case 9062284?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11662246-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9062284 about?

The tribunal order states: Po Chun Yang & [The party] must pay Body Corporate 477425 $7,581.76

How much money was awarded in case 9062284?

Individual award amounts are in the official MoJ PDF. Claim amounts appear on this page when claims and net totals reconcile.

What type of tenancy dispute was case 9062284?

The dispute type was not classified.

Where can I read the official tribunal order for case 9062284?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11662246-UTA_Tribunal_Order.pdf.

Freemans Bay, Auckland Tenancy Tribunal Case 9062284 — Tenancy dispute

Order

Po Chun Yang & [The party] must pay Body Corporate 477425 $7,581.76 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$2,337.40 Special Levy: Hot Water Loop$103.50 Interest$32.02 Costs: Debt Collection$1,380.00 Costs: Legal$4,503.29 Filing Fee$500.00 Payments Made 22/7/22 to 6/12/24 $1,274.45 Total award$8,856.21$1,274.45 Total payable by Respondent to Applicant $7,581.76

Reasons

Ms Hoogerburg represented the body corporate at the hearing.
The unit owner did not attend by the video link provided and did not answer two calls made to mobile phone numbers during the hearing.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. Ms Hoogerburg provided clear and concise submissions prior to the hearing.

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 the 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 amounts claimed for ordinary and special levies from 1 May 2021 to 29 November 2024.
The unit owner has made small, sporadic payments during that period. Total payments were $1,274.45 and that amount has been credited against the unit owners’ total debt in Order 1 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 claimed interest owing of $32.02 from the due dates to the hearing date.
The body corporate should have provided a breakdown of how the interest was calculated, particularly given the interim payments made by the owners. In this instance, I am satisfied that the body corporate is entitled to recover the interest as claimed, taking account of the timing and amount of the payments made.

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.
The body corporate provided detailed evidence of attempts to engage with the unit owners and steps taken to try to recover the debt. I am satisfied that the 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.

Order

Po Chun Yang & [The party] must pay Body Corporate 477425 $7,581.76 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$2,337.40 Special Levy: Hot Water Loop$103.50 Interest$32.02 Costs: Debt Collection$1,380.00 Costs: Legal$4,503.29 Filing Fee$500.00 Payments Made 22/7/22 to 6/12/24 $1,274.45 Total award$8,856.21$1,274.45 Total payable by Respondent to Applicant $7,581.76

Reasons

Ms Hoogerburg represented the body corporate at the hearing.
The unit owner did not attend by the video link provided and did not answer two calls made to mobile phone numbers during the hearing.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. Ms Hoogerburg provided clear and concise submissions prior to the hearing.

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 the 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 amounts claimed for ordinary and special levies from 1 May 2021 to 29 November 2024.
The unit owner has made small, sporadic payments during that period. Total payments were $1,274.45 and that amount has been credited against the unit owners’ total debt in Order 1 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 claimed interest owing of $32.02 from the due dates to the hearing date.
The body corporate should have provided a breakdown of how the interest was calculated, particularly given the interim payments made by the owners. In this instance, I am satisfied that the body corporate is entitled to recover the interest as claimed, taking account of the timing and amount of the payments made.

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.
The body corporate provided detailed evidence of attempts to engage with the unit owners and steps taken to try to recover the debt. I am satisfied that the 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 9062284 — Tenancy dispute in Freemans Bay, Auckland

Tenancy Tribunal case 9062284 — Tenancy dispute in Freemans Bay, Auckland

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Reduce avoidable tribunal risk with proper tenant checks.

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Reduce avoidable tribunal risk with proper tenant checks.