What was Tenancy Tribunal case 9075344 about?

The tribunal order states: [The party] must pay Body Corporate 401803 $48,403.08 immediately,

How much money was awarded in case 9075344?

Appearance Fee At Hearing: $316.25 awarded to landlord; Body Corporate Manager Collection: $982.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $4,543.75 awarded to landlord; ORDER Calculated As Follows Descript…: $27,779.38 awarded to landlord; Plumbing Charges X 3: $2,153.45 awarded to landlord; Section 124 Costs - Legal Fees: $12,127.75 awarded to landlord

Where can I read the official tribunal order for case 9075344?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13184399-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9075344 about?

The tribunal order states: [The party] must pay Body Corporate 401803 $48,403.08 immediately,

How much money was awarded in case 9075344?

Appearance Fee At Hearing: $316.25 awarded to landlord; Body Corporate Manager Collection: $982.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $4,543.75 awarded to landlord; ORDER Calculated As Follows Descript…: $27,779.38 awarded to landlord; Plumbing Charges X 3: $2,153.45 awarded to landlord; Section 124 Costs - Legal Fees: $12,127.75 awarded to landlord

Where can I read the official tribunal order for case 9075344?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13184399-UTA_Tribunal_Order.pdf.

Mount Albert, Auckland Tenancy Tribunal Case 9075344 — Leaks

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Mount Albert, Auckland Tenancy Tribunal Case 9075344 — Leaks | 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 9075344 — net $48,403.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER calculated as follows DescriptionsApplicantRespondent	$27,779.38	ORDER calculated as follows DescriptionsApplicantRespondent
Interest on outstanding levies from 18 February 2024 to 25 February 2026	$4,543.75	Interest on outstanding levies from 18 February 2024 to 25 February 2026
Body corporate manager collection	$982.50	Body corporate manager collection
Plumbing charges x 3	$2,153.45	Plumbing charges x 3
Section 124 costs - legal fees	$12,127.75	Section 124 costs - legal fees
Appearance fee at hearing	$316.25	Appearance fee at hearing
Filing Fee	$500.00	Filing Fee
Net award	$48,403.08
Total payable by Tenant to Landlord	$48,403.08

Claims and awards for application 9075344 — net $48,403.08 NZD. Verify on MoJ.

ORDER calculated as follows DescriptionsApplicantRespondent

Amount: $27,779.38
Awarded to: Landlord
Reason: ORDER calculated as follows DescriptionsApplicantRespondent

Interest on outstanding levies from 18 February 2024 to 25 February 2026

Amount: $4,543.75
Awarded to: Landlord
Reason: Interest on outstanding levies from 18 February 2024 to 25 February 2026

Body corporate manager collection

Amount: $982.50
Awarded to: Landlord
Reason: Body corporate manager collection

Plumbing charges x 3

Amount: $2,153.45
Awarded to: Landlord
Reason: Plumbing charges x 3

Section 124 costs - legal fees

Amount: $12,127.75
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Interest

Order

[The party] must pay Body Corporate 401803 $48,403.08 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding levies ($36,779.38 less $9,000.00 paid) Interest on outstanding levies from 18 February 2024 to 25 February 2026 $27,779.38 $4543.75 Plumbing charges x 3$2,153.45 Body corporate manager collection costs $982.50 Section 124 costs - legal fees$12,127.75 Appearance fee at hearing$316.25 Filing Fee$500.00 Total award$48,403.08 Total payable by Respondent to Applicant $48,403.08

Reasons

Ms Naidoo represented the body corporate. The unit owner did not attend the hearing which I conducted by video.
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 1 .
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. He made part payments totalling $9,000.00 only. The body corporate has provided records to prove the amounts claimed.
On 6 May 2018, the High Court at Auckland settled a scheme for repairs 2 and directed the body corporate to levy and collect from owners funds to fulfil its repair obligations under the scheme. Clause 15 of the scheme authorised the recovery of levies including interest.

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 3 .
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?

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. The Tribunal must order that the reasonable costs incurred by the body corporate in 1 See sections 80(1)(f) and 121(1) Unit Titles Act 2010 (UTA) 2 Under section 74 UTA 3 See section 128 UTA recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable 4 .
Because the body corporate has succeeded with the claim I have reimbursed the filing fee 5 .

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 9075344 — net $48,403.08 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
ORDER calculated as follows DescriptionsApplicantRespondent	$27,779.38	ORDER calculated as follows DescriptionsApplicantRespondent
Interest on outstanding levies from 18 February 2024 to 25 February 2026	$4,543.75	Interest on outstanding levies from 18 February 2024 to 25 February 2026
Body corporate manager collection	$982.50	Body corporate manager collection
Plumbing charges x 3	$2,153.45	Plumbing charges x 3
Section 124 costs - legal fees	$12,127.75	Section 124 costs - legal fees
Appearance fee at hearing	$316.25	Appearance fee at hearing
Filing Fee	$500.00	Filing Fee
Net award	$48,403.08
Total payable by Tenant to Landlord	$48,403.08

Claims and awards for application 9075344 — net $48,403.08 NZD. Verify on MoJ.

ORDER calculated as follows DescriptionsApplicantRespondent

Amount: $27,779.38
Awarded to: Landlord
Reason: ORDER calculated as follows DescriptionsApplicantRespondent

Interest on outstanding levies from 18 February 2024 to 25 February 2026

Amount: $4,543.75
Awarded to: Landlord
Reason: Interest on outstanding levies from 18 February 2024 to 25 February 2026

Body corporate manager collection

Amount: $982.50
Awarded to: Landlord
Reason: Body corporate manager collection

Plumbing charges x 3

Amount: $2,153.45
Awarded to: Landlord
Reason: Plumbing charges x 3

Section 124 costs - legal fees

Amount: $12,127.75
Awarded to: Landlord

Claim types — money lines allowed on this order

Filing Fee Interest

Order

[The party] must pay Body Corporate 401803 $48,403.08 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding levies ($36,779.38 less $9,000.00 paid) Interest on outstanding levies from 18 February 2024 to 25 February 2026 $27,779.38 $4543.75 Plumbing charges x 3$2,153.45 Body corporate manager collection costs $982.50 Section 124 costs - legal fees$12,127.75 Appearance fee at hearing$316.25 Filing Fee$500.00 Total award$48,403.08 Total payable by Respondent to Applicant $48,403.08

Reasons

Ms Naidoo represented the body corporate. The unit owner did not attend the hearing which I conducted by video.
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 1 .
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. He made part payments totalling $9,000.00 only. The body corporate has provided records to prove the amounts claimed.
On 6 May 2018, the High Court at Auckland settled a scheme for repairs 2 and directed the body corporate to levy and collect from owners funds to fulfil its repair obligations under the scheme. Clause 15 of the scheme authorised the recovery of levies including interest.

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 3 .
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?

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. The Tribunal must order that the reasonable costs incurred by the body corporate in 1 See sections 80(1)(f) and 121(1) Unit Titles Act 2010 (UTA) 2 Under section 74 UTA 3 See section 128 UTA recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable 4 .
Because the body corporate has succeeded with the claim I have reimbursed the filing fee 5 .

Tenancy Tribunal case 9075344 — Leaks in Mount Albert, Auckland

At a glance

Tenancy Tribunal case 9075344 — Leaks 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

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