What was Tenancy Tribunal case 9070724 about?

The tribunal order states: [The party] must pay Body Corporate 447594 $55,444.82 immediately,

How much money was awarded in case 9070724?

BC Management Costs: $1,023.75 awarded to landlord; Electricity: $235.16 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Hearing Costs: $560.62 awarded to landlord; Interest: Unit 260: $4,262.26 awarded to landlord; Interest: Unit P12: $731.55 awarded to landlord; Unit 260 - Ground Lease Levies: $21,718.95 awarded to landlord; Unit 260 - Op Levies: $20,177.49 awarded to landlord; Unit P12 - Ground Lease Levies: $2,751.03 awarded to landlord; Unit P12 - Op Levies: $3,484.01 awarded to landlord

What type of tenancy dispute was case 9070724?

The dispute type was not classified.

Where can I read the official tribunal order for case 9070724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12559569-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9070724 about?

The tribunal order states: [The party] must pay Body Corporate 447594 $55,444.82 immediately,

How much money was awarded in case 9070724?

BC Management Costs: $1,023.75 awarded to landlord; Electricity: $235.16 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Hearing Costs: $560.62 awarded to landlord; Interest: Unit 260: $4,262.26 awarded to landlord; Interest: Unit P12: $731.55 awarded to landlord; Unit 260 - Ground Lease Levies: $21,718.95 awarded to landlord; Unit 260 - Op Levies: $20,177.49 awarded to landlord; Unit P12 - Ground Lease Levies: $2,751.03 awarded to landlord; Unit P12 - Op Levies: $3,484.01 awarded to landlord

What type of tenancy dispute was case 9070724?

The dispute type was not classified.

Where can I read the official tribunal order for case 9070724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12559569-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9070724 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9070724 — net $55,444.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unit 260 - Op levies	$20,177.49	Unit 260 - Op levies
Unit 260 - Ground lease levies	$21,718.95	Unit 260 - Ground lease levies
Electricity	$235.16	Electricity
Interest: Unit 260	$4,262.26	Interest: Unit 260
Unit P12 - Op levies	$3,484.01	Unit P12 - Op levies
Unit P12 - Ground lease levies	$2,751.03	Unit P12 - Ground lease levies
Interest: Unit P12	$731.55	Interest: Unit P12
BC Management costs	$1,023.75	BC Management costs
Hearing costs	$560.62	Hearing costs
Filing Fee	$500.00	Filing Fee
Net award	$55,444.82
Total payable by Tenant to Landlord	$55,444.82

[The party] must pay Body Corporate 447594 $55,444.82 immediately, calculated as follows: DescriptionsApplicantRespondent Unit 260 - Op levies$20,177.49 Unit 260 - Ground lease levies$21,718.95 Electricity$235.16 Interest: Unit 260$4,262.26 Unit P12 - Op levies$3,484.01 Unit P12 - Ground lease levies$2,751.03 Interest: Unit P12$731.55 BC Management costs$1,023.75 Hearing costs$560.62 Filing Fee$500.00 Total award$55,444.82 Total payable by Respondent to Applicant $55,444.82

Reasons

The representative for Body Corporate 447594, Ms Winnie Yao of Boutique Body Corporates Limited, attended the hearing, conducted via video conference.

The owner did not enter the conference. No prior contact or engagement by the owner with the Tribunal has been received. I was satisfied adequate service had completed via email. It appears the owner lives overseas. No contact telephone number was available.

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 amounts 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 levies due since 2024 remain unpaid. The levies are operational and ground lease. A partial payment was received on 1 August 2024 on behalf of the owner but the related email advised that the owner account balance they operated was not enough to cover the remaining debt.

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.

The body corporate in now invoicing electricity directly and not through the body corporate manager. There remains electricity outgoings from October 2024 to January 2025 of $235.16. These outgoings are recoverable and are included in this order. Filing fee

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 9070724 — net $55,444.82 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Unit 260 - Op levies	$20,177.49	Unit 260 - Op levies
Unit 260 - Ground lease levies	$21,718.95	Unit 260 - Ground lease levies
Electricity	$235.16	Electricity
Interest: Unit 260	$4,262.26	Interest: Unit 260
Unit P12 - Op levies	$3,484.01	Unit P12 - Op levies
Unit P12 - Ground lease levies	$2,751.03	Unit P12 - Ground lease levies
Interest: Unit P12	$731.55	Interest: Unit P12
BC Management costs	$1,023.75	BC Management costs
Hearing costs	$560.62	Hearing costs
Filing Fee	$500.00	Filing Fee
Net award	$55,444.82
Total payable by Tenant to Landlord	$55,444.82

Order

[The party] must pay Body Corporate 447594 $55,444.82 immediately, calculated as follows: DescriptionsApplicantRespondent Unit 260 - Op levies$20,177.49 Unit 260 - Ground lease levies$21,718.95 Electricity$235.16 Interest: Unit 260$4,262.26 Unit P12 - Op levies$3,484.01 Unit P12 - Ground lease levies$2,751.03 Interest: Unit P12$731.55 BC Management costs$1,023.75 Hearing costs$560.62 Filing Fee$500.00 Total award$55,444.82 Total payable by Respondent to Applicant $55,444.82

Reasons

The representative for Body Corporate 447594, Ms Winnie Yao of Boutique Body Corporates Limited, attended the hearing, conducted via video conference.
The owner did not enter the conference. No prior contact or engagement by the owner with the Tribunal has been received. I was satisfied adequate service had completed via email. It appears the owner lives overseas. No contact telephone number was available.
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 amounts 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 levies due since 2024 remain unpaid. The levies are operational and ground lease. A partial payment was received on 1 August 2024 on behalf of the owner but the related email advised that the owner account balance they operated was not enough to cover the remaining debt.
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.
The body corporate in now invoicing electricity directly and not through the body corporate manager. There remains electricity outgoings from October 2024 to January 2025 of $235.16. These outgoings are recoverable and are included in this order. Filing fee
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 9070724 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9070724 — 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

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