What was Tenancy Tribunal case 9080804 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 343562 $22,008.00 immediately,

How much money was awarded in case 9080804?

Costs: $4,279.60 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $219.02 awarded to landlord; Ordinary Levy: $17,009.38 awarded to landlord

What type of tenancy dispute was case 9080804?

The dispute type was not classified.

Where can I read the official tribunal order for case 9080804?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14061701-UTA_Tribunal_Order.pdf.

What was Tenancy Tribunal case 9080804 about?

The tribunal order states: [The party], [The party] must pay Body Corporate 343562 $22,008.00 immediately,

How much money was awarded in case 9080804?

Costs: $4,279.60 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $219.02 awarded to landlord; Ordinary Levy: $17,009.38 awarded to landlord

What type of tenancy dispute was case 9080804?

The dispute type was not classified.

Where can I read the official tribunal order for case 9080804?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14061701-UTA_Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9080804 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 9080804 — net $22,008.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy	$17,009.38	Ordinary Levy
Interest	$219.02	Interest
Costs	$4,279.60	Costs
Filing Fee	$500.00	Filing Fee
Net award	$22,008.00
Total payable by Tenant to Landlord	$22,008.00

Order

[The party], [The party] must pay Body Corporate 343562 $22,008.00 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$17,009.38 Interest$219.02 Costs$4,279.60 Filing Fee$500.00 Total award$22,008.00 Total interest Total award with interest$22,008.00 Total payable by Respondent to Applicant $22,008.00

Reasons

The applicant attended the hearing. The respondent did not.
The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owners, [The party] and [The party], in respect of Unit 415, Stratis Lighter Quay, 83 Halsey Street, Auckland.

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) of the Unit Titles Act 2010.
The Body Corporate has determined the levies payable and the unit owners' share has been calculated according to their utility interest.
The Body Corporate fixed the due dates for the levies to be paid, and the unit owners have not paid the levies by those dates. See section 124(1) of the Unit Titles Act 2010. The Body Corporate has provided records to prove the amount claimed. I am satisfied that unpaid levies of $17,009.38 are owing.
Are the Unit Owners 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 of the Unit Titles Act 2010.
The Body Corporate has resolved to charge interest on unpaid levies. The Body Corporate has proved the amount of interest owing. Interest is $219.02, which I award.

Are the Unit Owners liable for costs?

Pursuant to section 124 of the Unit Titles Act 2010, 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, CIV-2014- 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 section 124 costs of $3,946.10, including GST and disbursements, are reasonable.
The Body Corporate also claimed $667.00 for attendance at the hearing, calculated on the basis of approximately two hours at $290 per hour plus GST. I consider one hour of hearing attendance to be reasonable and accordingly award $333.50 for hearing attendance.
Because the Body Corporate has succeeded with the claim, I have ordered reimbursement of the $500.00 filing fee. See section 176(1) of the Unit Titles Act 2010 and section 102(4) of the Residential Tenancies Act 1986.

Order

Claims and awards in Tenancy Tribunal application 9080804 — net $22,008.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Ordinary Levy	$17,009.38	Ordinary Levy
Interest	$219.02	Interest
Costs	$4,279.60	Costs
Filing Fee	$500.00	Filing Fee
Net award	$22,008.00
Total payable by Tenant to Landlord	$22,008.00

[The party], [The party] must pay Body Corporate 343562 $22,008.00 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$17,009.38 Interest$219.02 Costs$4,279.60 Filing Fee$500.00 Total award$22,008.00 Total interest Total award with interest$22,008.00 Total payable by Respondent to Applicant $22,008.00

Reasons

The applicant attended the hearing. The respondent did not.

The Body Corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owners, [The party] and [The party], in respect of Unit 415, Stratis Lighter Quay, 83 Halsey Street, Auckland.

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) of the Unit Titles Act 2010.

The Body Corporate has determined the levies payable and the unit owners' share has been calculated according to their utility interest.

The Body Corporate fixed the due dates for the levies to be paid, and the unit owners have not paid the levies by those dates. See section 124(1) of the Unit Titles Act 2010. The Body Corporate has provided records to prove the amount claimed. I am satisfied that unpaid levies of $17,009.38 are owing.

Are the Unit Owners 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 of the Unit Titles Act 2010.

The Body Corporate has resolved to charge interest on unpaid levies. The Body Corporate has proved the amount of interest owing. Interest is $219.02, which I award.

Are the Unit Owners liable for costs?

Pursuant to section 124 of the Unit Titles Act 2010, 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, CIV-2014- 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 section 124 costs of $3,946.10, including GST and disbursements, are reasonable.

The Body Corporate also claimed $667.00 for attendance at the hearing, calculated on the basis of approximately two hours at $290 per hour plus GST. I consider one hour of hearing attendance to be reasonable and accordingly award $333.50 for hearing attendance.

Because the Body Corporate has succeeded with the claim, I have ordered reimbursement of the $500.00 filing fee. See section 176(1) of the Unit Titles Act 2010 and section 102(4) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 9080804 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9080804 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9080804 — Tenancy dispute in Auckland Central, Auckland

At a glance

Tenancy Tribunal case 9080804 — Tenancy dispute in Auckland Central, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Are the Unit Owners liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.

Award balance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Are the Unit Owners liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Reduce avoidable tribunal risk with proper tenant checks.