What was Tenancy Tribunal case 9072584 about?

The tribunal order states: [The party] must pay Body Corporate 378269 $10,656.32

How much money was awarded in case 9072584?

Costs: BC Management Costs: $230.00 awarded to landlord; Costs: Debt Collection Fees 9036262: $1,035.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Filing Fee: $850.00 awarded to landlord; Interest: $1,278.82 awarded to landlord; Ordinary Levies: $6,762.50 awarded to landlord

What type of tenancy dispute was case 9072584?

The dispute type was not classified.

Where can I read the official tribunal order for case 9072584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13072275-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9072584 about?

The tribunal order states: [The party] must pay Body Corporate 378269 $10,656.32

How much money was awarded in case 9072584?

Costs: BC Management Costs: $230.00 awarded to landlord; Costs: Debt Collection Fees 9036262: $1,035.00 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Filing Fee: $850.00 awarded to landlord; Interest: $1,278.82 awarded to landlord; Ordinary Levies: $6,762.50 awarded to landlord

What type of tenancy dispute was case 9072584?

The dispute type was not classified.

Where can I read the official tribunal order for case 9072584?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13072275-UTA_Tribunal_Order.pdf.

Whitiora, Hamilton Tenancy Tribunal Case 9072584 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9072584 — net $10,656.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levies	$6,762.50	Ordinary Levies
Costs: Debt collection Fees 9036262	$1,035.00	Costs: Debt collection Fees 9036262
Costs: BC Management costs	$230.00	Costs: BC Management costs
Interest	$1,278.82	Interest
Filing Fee: 9036262	$850.00	Filing Fee: 9036262
Filing Fee	$500.00	Filing Fee
Net award	$10,656.32
Total payable by Tenant to Landlord	$10,656.32

[The party] must pay Body Corporate 378269 $10,656.32 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$6,762.50 Costs: Debt collection Fees 9036262$1,035.00 Costs: BC Management costs$230.00 Interest$1,278.82 Filing Fee: 9036262$850.00 Filing Fee$500.00 Total award$10,656.32 Total payable by Respondent to Applicant $10,656.32

Reasons

The Body Corporate representative, Chevone Lourens, attended the hearing, set down to be conducted via video conference. There was no entry into the conference by either party. The representative answered when called. Three calls to the Owner were attempted but they were unsuccessful. There was no prior contact with the Registry by the Owner. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.

The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.

There was a prior order, 9036262 dated 22 September 2022 in favour of Body Corporate 378269 ($2,241.03). That order has been under enforcement action since 2023 and a time payment arrangement remains in place. The up-to-date Current Owner Account provided at the hearing includes accounting for the prior order components and subsequent payments/debt collection costs. These have been accounted for in this order, as well as the ongoing time payments, for a complete record as at today. There is $371.60 currently outstanding with the collection company.

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. Time payments have been applied against the oldest outstanding levies.

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.

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 9072584 — net $10,656.32 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levies	$6,762.50	Ordinary Levies
Costs: Debt collection Fees 9036262	$1,035.00	Costs: Debt collection Fees 9036262
Costs: BC Management costs	$230.00	Costs: BC Management costs
Interest	$1,278.82	Interest
Filing Fee: 9036262	$850.00	Filing Fee: 9036262
Filing Fee	$500.00	Filing Fee
Net award	$10,656.32
Total payable by Tenant to Landlord	$10,656.32

Order

[The party] must pay Body Corporate 378269 $10,656.32 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$6,762.50 Costs: Debt collection Fees 9036262$1,035.00 Costs: BC Management costs$230.00 Interest$1,278.82 Filing Fee: 9036262$850.00 Filing Fee$500.00 Total award$10,656.32 Total payable by Respondent to Applicant $10,656.32

Reasons

The Body Corporate representative, Chevone Lourens, attended the hearing, set down to be conducted via video conference. There was no entry into the conference by either party. The representative answered when called. Three calls to the Owner were attempted but they were unsuccessful. There was no prior contact with the Registry by the Owner. I was satisfied adequate service had completed and I continued with the hearing after the call went unanswered.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner.
There was a prior order, 9036262 dated 22 September 2022 in favour of Body Corporate 378269 ($2,241.03). That order has been under enforcement action since 2023 and a time payment arrangement remains in place. The up-to-date Current Owner Account provided at the hearing includes accounting for the prior order components and subsequent payments/debt collection costs. These have been accounted for in this order, as well as the ongoing time payments, for a complete record as at today. There is $371.60 currently outstanding with the collection company.

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. Time payments have been applied against the oldest outstanding levies.

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.
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 9072584 — Tenancy dispute in Whitiora, Hamilton

At a glance

Tenancy Tribunal case 9072584 — Tenancy dispute in Whitiora, Hamilton

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