How much money was awarded in case 9081264?

Costs Legal Fees To Recover Debt: $11,858.72 awarded to landlord; Costs: Appearance At Hearing: $166.75 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $3,389.75 awarded to landlord; Legal Costs: $1,632.50 awarded to landlord; Levies Owing From 1/8/2024 To 30/9/2…: $26,640.90 awarded to landlord

What type of tenancy dispute was case 9081264?

The dispute type was not classified.

Where can I read the official tribunal order for case 9081264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14219074-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9081264?

Costs Legal Fees To Recover Debt: $11,858.72 awarded to landlord; Costs: Appearance At Hearing: $166.75 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $3,389.75 awarded to landlord; Legal Costs: $1,632.50 awarded to landlord; Levies Owing From 1/8/2024 To 30/9/2…: $26,640.90 awarded to landlord

What type of tenancy dispute was case 9081264?

The dispute type was not classified.

Where can I read the official tribunal order for case 9081264?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/14219074-UTA_Tribunal_Order.pdf.

Pakuranga, Auckland Tenancy Tribunal Case 9081264 — Tenancy dispute

Claims and awards in Tenancy Tribunal application 9081264 — net $44,188.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levies owing from 1/8/2024 to 30/9/2026	$26,640.90	Levies owing from 1/8/2024 to 30/9/2026
Costs BC collection costs	$1,632.50	Costs BC collection costs
Costs legal fees to recover debt	$11,858.72	Costs legal fees to recover debt
Interest to 16/9/2026	$3,389.75	Interest to 16/9/2026
Costs: appearance at hearing	$166.75	Costs: appearance at hearing
Filing Fee	$500.00	Filing Fee
Net award	$44,188.62
Total payable by Tenant to Landlord	$44,188.62

Order

Maize Family Limited must pay Body Corporate 174876 $44,188.62 immediately, calculated as follows: Levies owing from 1/8/2024 to 30/9/2026$26,640.90 Costs BC collection costs$1,632.50 Costs legal fees to recover debt$11,858.72 Interest to 16/9/2026$3,389.75 Costs: appearance at hearing$166.75 Filing Fee$500.00 Total award$44,188.62 Total payable by Respondent to Applicant $44,188.62

Reasons

Both parties attended 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.

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.

Order

Claims and awards in Tenancy Tribunal application 9081264 — net $44,188.62 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Levies owing from 1/8/2024 to 30/9/2026	$26,640.90	Levies owing from 1/8/2024 to 30/9/2026
Costs BC collection costs	$1,632.50	Costs BC collection costs
Costs legal fees to recover debt	$11,858.72	Costs legal fees to recover debt
Interest to 16/9/2026	$3,389.75	Interest to 16/9/2026
Costs: appearance at hearing	$166.75	Costs: appearance at hearing
Filing Fee	$500.00	Filing Fee
Net award	$44,188.62
Total payable by Tenant to Landlord	$44,188.62

Maize Family Limited must pay Body Corporate 174876 $44,188.62 immediately, calculated as follows: Levies owing from 1/8/2024 to 30/9/2026$26,640.90 Costs BC collection costs$1,632.50 Costs legal fees to recover debt$11,858.72 Interest to 16/9/2026$3,389.75 Costs: appearance at hearing$166.75 Filing Fee$500.00 Total award$44,188.62 Total payable by Respondent to Applicant $44,188.62

Reasons

Both parties attended 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.

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 9081264 — Tenancy dispute in Pakuranga, Auckland

At a glance

Tenancy Tribunal case 9081264 — Tenancy dispute in Pakuranga, Auckland

At a glance

Tenancy Tribunal case 9081264 — Tenancy dispute in Pakuranga, Auckland

At a glance

Tenancy Tribunal case 9081264 — Tenancy dispute in Pakuranga, 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

Reduce avoidable tribunal risk with proper tenant checks.

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

Reduce avoidable tribunal risk with proper tenant checks.