What was Tenancy Tribunal case 9073424 about?

The tribunal order states: Apple Ayas Limited must pay Body Corporate 182240 $18,408.15 immediately,

How much money was awarded in case 9073424?

Costs: BC Debt Collection: $615.00 awarded to landlord; Costs: s 124 (legal and disbursement…: $12,815.30 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $254.54 awarded to landlord; Legal Costs: Hearing Time (45 Min: $258.75 awarded to landlord; Ordinary Levies: $3,964.56 awarded to landlord

What type of tenancy dispute was case 9073424?

The dispute type was not classified.

Where can I read the official tribunal order for case 9073424?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13174619-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9073424 about?

The tribunal order states: Apple Ayas Limited must pay Body Corporate 182240 $18,408.15 immediately,

How much money was awarded in case 9073424?

Costs: BC Debt Collection: $615.00 awarded to landlord; Costs: s 124 (legal and disbursement…: $12,815.30 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $254.54 awarded to landlord; Legal Costs: Hearing Time (45 Min: $258.75 awarded to landlord; Ordinary Levies: $3,964.56 awarded to landlord

What type of tenancy dispute was case 9073424?

The dispute type was not classified.

Where can I read the official tribunal order for case 9073424?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13174619-UTA_Tribunal_Order.pdf.

Mount Albert, Auckland Tenancy Tribunal Case 9073424 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9073424 — net $18,408.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levies	$3,964.56	Ordinary Levies
Interest	$254.54	Interest
Costs: BC Debt collection	$615.00	Costs: BC Debt collection
Costs: s 124 (legal and disbursements	$12,815.30	Costs: s 124 (legal and disbursements
Legal costs: Hearing time (45 min	$258.75	Legal costs: Hearing time (45 min
Filing Fee	$500.00	Filing Fee
Net award	$18,408.15
Total payable by Tenant to Landlord	$18,408.15

Apple Ayas Limited must pay Body Corporate 182240 $18,408.15 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$3,964.56 Interest$254.54 Costs: BC Debt collection$615.00 Costs: s 124 (legal and disbursements) $12,815.30 Legal costs: Hearing time (45 min)$258.75 Filing Fee$500.00 Total award$18,408.15 Total payable by Respondent to Applicant $18,408.15

Reasons

The body corporate attended with Ms Briar Dobson appearing as representative. Two calls to the owner were unsuccessful.

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 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% 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.

In addition, on 12 November 2024, the Applicant’s first claim was successful against the Respondent in the Tenancy Tribunal. The Body Corporate subsequently secured a Sale Order in the High Court against the owner. The owner paid the Sale Order sum demanded by the Sheriff of the High Court, however, that did not include further levies, interest and s 124 costs incurred by the body corporate in enforcing the order. The recovery of these costs were now sought. Ms Dobson submitted that the District Court position in Kang v Body Corporate No 137295 [2024] NZDC 30820 applied here. That decision held that payment of a High Court sale order does not finally determine or bar recovery of further reasonable costs under s 124 UTA, nor further levies and interest, where those matters were not expressly determined by the High Court. The Tribunal retains jurisdiction to award such further sums, subject only to giving credit for any amounts already recovered and avoiding double recovery. This is accepted.

Ms Dobson confirmed to the Tribunal after the hearing, after a further review as requested, that the High Court scale costs were fully captured and billed previously to the owner, and she confirmed that none of the work recovered on a scale basis has been repeated or charged again in the current claim for s 124 costs.

Given the above, and having reviewed the list of tasks as invoiced, I award the s 124 costs as sought. 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 9073424 — net $18,408.15 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levies	$3,964.56	Ordinary Levies
Interest	$254.54	Interest
Costs: BC Debt collection	$615.00	Costs: BC Debt collection
Costs: s 124 (legal and disbursements	$12,815.30	Costs: s 124 (legal and disbursements
Legal costs: Hearing time (45 min	$258.75	Legal costs: Hearing time (45 min
Filing Fee	$500.00	Filing Fee
Net award	$18,408.15
Total payable by Tenant to Landlord	$18,408.15

Order

Apple Ayas Limited must pay Body Corporate 182240 $18,408.15 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies$3,964.56 Interest$254.54 Costs: BC Debt collection$615.00 Costs: s 124 (legal and disbursements) $12,815.30 Legal costs: Hearing time (45 min)$258.75 Filing Fee$500.00 Total award$18,408.15 Total payable by Respondent to Applicant $18,408.15

Reasons

The body corporate attended with Ms Briar Dobson appearing as representative. Two calls to the owner were unsuccessful.
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 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% 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.
In addition, on 12 November 2024, the Applicant’s first claim was successful against the Respondent in the Tenancy Tribunal. The Body Corporate subsequently secured a Sale Order in the High Court against the owner. The owner paid the Sale Order sum demanded by the Sheriff of the High Court, however, that did not include further levies, interest and s 124 costs incurred by the body corporate in enforcing the order. The recovery of these costs were now sought. Ms Dobson submitted that the District Court position in Kang v Body Corporate No 137295 [2024] NZDC 30820 applied here. That decision held that payment of a High Court sale order does not finally determine or bar recovery of further reasonable costs under s 124 UTA, nor further levies and interest, where those matters were not expressly determined by the High Court. The Tribunal retains jurisdiction to award such further sums, subject only to giving credit for any amounts already recovered and avoiding double recovery. This is accepted.
Ms Dobson confirmed to the Tribunal after the hearing, after a further review as requested, that the High Court scale costs were fully captured and billed previously to the owner, and she confirmed that none of the work recovered on a scale basis has been repeated or charged again in the current claim for s 124 costs.
Given the above, and having reviewed the list of tasks as invoiced, I award the s 124 costs as sought. 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 9073424 — Tenancy dispute in Mount Albert, Auckland

At a glance

Tenancy Tribunal case 9073424 — Tenancy dispute in Mount Albert, 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

Property management

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

Property management

Frequently asked questions