What was Tenancy Tribunal case 9070564 about?

The tribunal order states: [The party] must pay Body Corporate 354994 $8,750.62 immediately, calculated as

How much money was awarded in case 9070564?

Costs: Recovery Costs To TT Hearing: $796.25 awarded to landlord; Costs: Recovery Costs TT Hearing: $463.13 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $610.37 awarded to landlord; Levies: $6,380.87 awarded to landlord

What type of tenancy dispute was case 9070564?

The dispute type was not classified.

Where can I read the official tribunal order for case 9070564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430223-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9070564 about?

The tribunal order states: [The party] must pay Body Corporate 354994 $8,750.62 immediately, calculated as

How much money was awarded in case 9070564?

Costs: Recovery Costs To TT Hearing: $796.25 awarded to landlord; Costs: Recovery Costs TT Hearing: $463.13 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $610.37 awarded to landlord; Levies: $6,380.87 awarded to landlord

What type of tenancy dispute was case 9070564?

The dispute type was not classified.

Where can I read the official tribunal order for case 9070564?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12430223-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9070564 — Tenancy dispute

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Auckland Central, Auckland Tenancy Tribunal Case 9070564 — Tenancy dispute | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9070564 — net $8,750.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levies	$6,380.87	Levies
Interest	$610.37	Interest
Costs: recovery costs to TT hearing	$796.25	Costs: recovery costs to TT hearing
Costs: recovery costs TT hearing	$463.13	Costs: recovery costs TT hearing
Filing Fee	$500.00	Filing Fee
Net award	$8,750.62
Total payable by Tenant to Landlord	$8,750.62

Claims and awards for application 9070564 — net $8,750.62 NZD. Verify on MoJ.

Levies

Amount: $6,380.87
Awarded to: Landlord
Reason: Levies

Interest

Amount: $610.37
Awarded to: Landlord
Reason: Interest

Costs: recovery costs to TT hearing

Amount: $796.25
Awarded to: Landlord
Reason: Costs: recovery costs to TT hearing

Costs: recovery costs TT hearing

Amount: $463.13
Awarded to: Landlord
Reason: Costs: recovery costs TT hearing

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Claim types — money lines allowed on this order

Filing Fee Interest

Order

[The party] must pay Body Corporate 354994 $8,750.62 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$6,380.87 Interest$610.37 Costs: recovery costs to TT hearing$796.25 Costs: recovery costs TT hearing$463.13 Filing Fee$500.00 Total award$8,750.62 Total interest Total award with interest$8,750.62 Total payable by Respondent to Applicant $8,750.62

Reasons

Both parties attended the hearing which was held by teleconference.
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 is entitled to recover the charges for repair of a garage door damaged by the Unit Owner’s tenants
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 10.00% 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.
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 & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9070564 — net $8,750.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levies	$6,380.87	Levies
Interest	$610.37	Interest
Costs: recovery costs to TT hearing	$796.25	Costs: recovery costs to TT hearing
Costs: recovery costs TT hearing	$463.13	Costs: recovery costs TT hearing
Filing Fee	$500.00	Filing Fee
Net award	$8,750.62
Total payable by Tenant to Landlord	$8,750.62

Claims and awards for application 9070564 — net $8,750.62 NZD. Verify on MoJ.

Levies

Amount: $6,380.87
Awarded to: Landlord
Reason: Levies

Interest

Amount: $610.37
Awarded to: Landlord
Reason: Interest

Costs: recovery costs to TT hearing

Amount: $796.25
Awarded to: Landlord
Reason: Costs: recovery costs to TT hearing

Costs: recovery costs TT hearing

Amount: $463.13
Awarded to: Landlord
Reason: Costs: recovery costs TT hearing

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Claim types — money lines allowed on this order

Filing Fee Interest

Order

[The party] must pay Body Corporate 354994 $8,750.62 immediately, calculated as follows: DescriptionsApplicantRespondent Levies$6,380.87 Interest$610.37 Costs: recovery costs to TT hearing$796.25 Costs: recovery costs TT hearing$463.13 Filing Fee$500.00 Total award$8,750.62 Total interest Total award with interest$8,750.62 Total payable by Respondent to Applicant $8,750.62

Reasons

Both parties attended the hearing which was held by teleconference.
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 is entitled to recover the charges for repair of a garage door damaged by the Unit Owner’s tenants
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 10.00% 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.
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 9070564 — Tenancy dispute in Auckland Central, Auckland

At a glance

Award balance

Tenancy Tribunal case 9070564 — 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

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