What was the outcome of Tenancy Tribunal case 9043384?

The tribunal order states: Janice Hartley Ferguson must pay BC 361242 $19,970.71 immediately,

How much money was awarded in case 9043384?

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 9043384?

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

Where can I read the official tribunal order for case 9043384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9356681-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9043384?

The tribunal order states: Janice Hartley Ferguson must pay BC 361242 $19,970.71 immediately,

How much money was awarded in case 9043384?

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 9043384?

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

Where can I read the official tribunal order for case 9043384?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9356681-UTA_Tribunal_Order.pdf.

Grey Lynn, Auckland Tenancy Tribunal Case 9043384 — Unit Titles

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Grey Lynn, Auckland Tenancy Tribunal Case 9043384 — Unit Titles | TenantCheck

Order

Janice Hartley Ferguson must pay BC 361242 $19,970.71 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies outstanding$7,288.54 Special Levies outstanding$6,172.50 Costs: BC costs$402.50 Costs: Legal (incl hearing time)$4,623.87 Interest$983.30 Filing Fee$500.00 Total award$19,970.71

Reasons

Both parties attended the hearing, conducted via teleconference. Ms Monique MacGregor appeared as agent for the body corporate.
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.
Affordability has been an ongoing challenge for the owner and she has been making time payments towards the amounts due but that has not been sufficient to clear the debt. It is the intention of the owner to sell the unit and clear any debt at settlement, if not before. Progress on selling has been hindered through serious building issues that have required remediation and additional costs. This has also delayed the issuing of a code of compliance that would facilitate a fair return on the intended sale. The CoC is imminent.

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.
The owner was advised by Ms MacGregor on a number of strategies that may be useful in addressing the debt established in this order. Filing Fee
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

Janice Hartley Ferguson must pay BC 361242 $19,970.71 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levies outstanding$7,288.54 Special Levies outstanding$6,172.50 Costs: BC costs$402.50 Costs: Legal (incl hearing time)$4,623.87 Interest$983.30 Filing Fee$500.00 Total award$19,970.71

Reasons

Both parties attended the hearing, conducted via teleconference. Ms Monique MacGregor appeared as agent for the body corporate.
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.
Affordability has been an ongoing challenge for the owner and she has been making time payments towards the amounts due but that has not been sufficient to clear the debt. It is the intention of the owner to sell the unit and clear any debt at settlement, if not before. Progress on selling has been hindered through serious building issues that have required remediation and additional costs. This has also delayed the issuing of a code of compliance that would facilitate a fair return on the intended sale. The CoC is imminent.

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.
The owner was advised by Ms MacGregor on a number of strategies that may be useful in addressing the debt established in this order. Filing Fee
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 9043384 — Unit Titles in Grey Lynn, Auckland

Tenancy Tribunal case 9043384 — Unit Titles in Grey Lynn, Auckland

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?