What was the outcome of Tenancy Tribunal case 9073524?

The tribunal order states: George O'Donnell must pay Body Corporate 49818 $15,003.00 immediately,

How much money was awarded in case 9073524?

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 9073524?

The primary dispute was Unit Titles. Related themes: Ordinary Levy, Costs.

Where can I read the official tribunal order for case 9073524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13443095-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9073524?

The tribunal order states: George O'Donnell must pay Body Corporate 49818 $15,003.00 immediately,

How much money was awarded in case 9073524?

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 9073524?

The primary dispute was Unit Titles. Related themes: Ordinary Levy, Costs.

Where can I read the official tribunal order for case 9073524?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13443095-UTA_Tribunal_Order.pdf.

Thorndon, Wellington Tenancy Tribunal Case 9073524 — Unit Titles

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Reasons

Representatives of the Body Corporate attended the hearing by video.

The unit owner did not attend by the video link in the Notice of Hearing and did not answer calls to his mobile during the hearing.

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.

Three of the invoices included “top up” levies of $179.40 for a previous period. There was no resolution to support that levy being claimed and it has not been awarded.

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 could not provide any record of a resolution in respect of interest (or debt recovery). The Body Corporate has not proved that interest is owing from the due date to the hearing date. The interest claim is dismissed.

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’s costs claim included the Tribunal application fee.

Reasons

Representatives of the Body Corporate attended the hearing by video.

The unit owner did not attend by the video link in the Notice of Hearing and did not answer calls to his mobile during the hearing.

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.

Three of the invoices included “top up” levies of $179.40 for a previous period. There was no resolution to support that levy being claimed and it has not been awarded.

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.

Is the Unit owner liable for costs?

The Body Corporate’s costs claim included the Tribunal application fee.

Tenancy Tribunal case 9073524 — Unit Titles in Thorndon, Wellington

Tenancy Tribunal case 9073524 — Unit Titles in Thorndon, Wellington

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?