What was the outcome of Tenancy Tribunal case 9041304?

The tribunal order states: UUE Trustee Limited must pay Body Corporate 519465 $45,448.66 immediately,

How much money was awarded in case 9041304?

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 9041304?

The dispute type was not classified.

Where can I read the official tribunal order for case 9041304?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9389289-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9041304?

The tribunal order states: UUE Trustee Limited must pay Body Corporate 519465 $45,448.66 immediately,

How much money was awarded in case 9041304?

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 9041304?

The dispute type was not classified.

Where can I read the official tribunal order for case 9041304?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9389289-Tribunal_Order.pdf.

Auckland Central, Auckland Tenancy Tribunal Case 9041304 — Tenancy dispute

Order

UUE Trustee Limited must pay Body Corporate 519465 $45,448.66 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy$4,107.67 s127 on-charges$9,841.21 Costs$28,414.25 Interest$2,235.53 Filing Fee$850.00 Total payable by Respondent to Applicant $45,448.66

Reasons

Only the Body Corporate (“BC”) attended the hearing.
The BC has applied for recovery of unpaid levies, s127 on-charges, 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 on-charges?

The BC seeks recovery of the costs of engaging the security guard to prevent damage and trespass to the premises by the tenant of the principal unit and associates of that tenant.
There was evidence available from the building manager setting out the security concerns caused by the tenant and his associates, including damage to property, and breaking into other units.
The unit owner was advised of the issue with the tenant and advised that the BC would engage security to ensure the security of the premises. The unit owner was advised that the costs of that action would be sought from him.
Section 127 of the Act provides that: (1)This section applies if the body corporate does any repair, work, or act that it is required or authorised to do, by or under this Act, or by or under any other Act, and the repair, work, or act was rendered necessary by reason of any wilful or negligent act or omission on the part of, or any breach of the Act, the [body corporate operational rules], or any regulations by, any unit owner or his or her tenant, lessee, licensee, or invitee. (2)Any expense incurred by the body corporate in doing the repair, work, or act, together with any reasonable costs incurred in collecting the expense, is recoverable as a debt due to the body corporate (less any amount already paid) by the person who was the unit owner at the time the expense became payable or by the person who is the unit owner at the time proceedings are instituted
I consider that the engagement of private security was necessary in the circumstances of this case. I am satisfied that the engagement of security was the result of the tenant’s actions.
I note, however, that ordinarily I would consider this a matter for the New Zealand Police and would expect the building manager and the BC to make efforts to resolve these matters with Police assistance, at least in the first instance. That said, I am mindful that that the events in question took place during the covid 19 lockdown at the end of 2021. During that time, Police resources were stretched with the additional duties required by the Covid 19 response – including the deployment of officers to the Auckland border checkpoints. Accordingly, I am satisfied that it was likely that the BC and building manager may have encountered some difficulties in obtaining Police assistance for matters that, while significant to the BC were of less significant in terms of Police priorities.
On that basis, I am satisfied that the amounts sought are proved.

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

UUE Trustee Limited must pay Body Corporate 519465 $45,448.66 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy$4,107.67 s127 on-charges$9,841.21 Costs$28,414.25 Interest$2,235.53 Filing Fee$850.00 Total payable by Respondent to Applicant $45,448.66

Reasons

Only the Body Corporate (“BC”) attended the hearing.
The BC has applied for recovery of unpaid levies, s127 on-charges, 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 on-charges?

The BC seeks recovery of the costs of engaging the security guard to prevent damage and trespass to the premises by the tenant of the principal unit and associates of that tenant.
There was evidence available from the building manager setting out the security concerns caused by the tenant and his associates, including damage to property, and breaking into other units.
The unit owner was advised of the issue with the tenant and advised that the BC would engage security to ensure the security of the premises. The unit owner was advised that the costs of that action would be sought from him.
Section 127 of the Act provides that: (1)This section applies if the body corporate does any repair, work, or act that it is required or authorised to do, by or under this Act, or by or under any other Act, and the repair, work, or act was rendered necessary by reason of any wilful or negligent act or omission on the part of, or any breach of the Act, the [body corporate operational rules], or any regulations by, any unit owner or his or her tenant, lessee, licensee, or invitee. (2)Any expense incurred by the body corporate in doing the repair, work, or act, together with any reasonable costs incurred in collecting the expense, is recoverable as a debt due to the body corporate (less any amount already paid) by the person who was the unit owner at the time the expense became payable or by the person who is the unit owner at the time proceedings are instituted
I consider that the engagement of private security was necessary in the circumstances of this case. I am satisfied that the engagement of security was the result of the tenant’s actions.
I note, however, that ordinarily I would consider this a matter for the New Zealand Police and would expect the building manager and the BC to make efforts to resolve these matters with Police assistance, at least in the first instance. That said, I am mindful that that the events in question took place during the covid 19 lockdown at the end of 2021. During that time, Police resources were stretched with the additional duties required by the Covid 19 response – including the deployment of officers to the Auckland border checkpoints. Accordingly, I am satisfied that it was likely that the BC and building manager may have encountered some difficulties in obtaining Police assistance for matters that, while significant to the BC were of less significant in terms of Police priorities.
On that basis, I am satisfied that the amounts sought are proved.

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 9041304 — Tenancy dispute in Auckland Central, Auckland

Tenancy Tribunal case 9041304 — Tenancy dispute in Auckland Central, Auckland

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for on-charges?

Is the Unit owner liable for costs?

Property management

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for on-charges?

Is the Unit owner liable for costs?

Property management