What was the outcome of Tenancy Tribunal case 9043684?

The tribunal order states: Benjamin James Harper, Jade Mason Purday North, and SW Trust Services

How much money was awarded in case 9043684?

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 9043684?

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

Where can I read the official tribunal order for case 9043684?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332738-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9043684?

The tribunal order states: Benjamin James Harper, Jade Mason Purday North, and SW Trust Services

How much money was awarded in case 9043684?

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 9043684?

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

Where can I read the official tribunal order for case 9043684?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9332738-UTA_Tribunal_Order.pdf.

Auckland City, Auckland Tenancy Tribunal Case 9043684 — Leaks

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Auckland City, Auckland Tenancy Tribunal Case 9043684 — Leaks | TenantCheck

Order

Benjamin James Harper, Jade Mason Purday North, and SW Trust Services (Fifteen) Limited must pay Body Corporate 197230 $12,990.05 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy$9,916.51 Interest on unpaid levies$535.11 Body corporate manager costs$572.50 Legal costs$1,316.43 Counsel’s appearance fee$149.50 Filing fee$500.00 Total award$12,990.05

Reasons

Counsel, Elizabeth Tobeck, from the law firm Morgan Coakle appeared for the applicant.
Benjamin Harper and Jade North attended for the respondents.
The body corporate has applied for recovery of unpaid levies, interest, costs, and the filing fee from the unit owners.

Do the unit owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit: ss 80(1)(f) and 121(1) of the Unit Titles Act 2010 (UTA).
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 owners have not paid the levies by that date: s 124(1) of the UTA.
The body corporate has provided records to prove the amount claimed.
The unit owners put the body corporate on notice that they would not be paying their levies from August 2022 because of an ongoing dispute about a leaking pipe. The unit owners cannot use their shower because water leaks into the unit below them when they do. The unit owners say the source of the leak is a water pipe located in the lift shaft, and the body corporate should repair it without delay.
The unit owners may have a valid claim against the body corporate, but it is irrelevant to this claim for unpaid levies. The unit owners cannot claim equitable set-off in this proceeding. 1 They are at liberty to pursue their own claim against the body corporate in the other matter of course.

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 cent per annum: s 128 of the UTA.
The body corporate has resolved to charge interest at 10 per cent per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to the hearing date. 1 Body Corporate 324525 v Stent and others [2017] NZHC 2857 at [198] - [205].

Are the unit owners liable for costs?

Under s 124 of the UTA, and as resolved at 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
The Tribunal must order that the unit owners pay the body corporate’s reasonable costs to recover the levies, objectively assessed. I am satisfied that the additional costs set out in the table above are reasonable.
Because the body corporate has succeeded with the claim, the unit owners must reimburse the body corporate for the filing fee: s 176(1) of the UTA and s 102(4) of the Residential Tenancies Act 1986.

Order

Reasons

Counsel, Elizabeth Tobeck, from the law firm Morgan Coakle appeared for the applicant.
Benjamin Harper and Jade North attended for the respondents.
The body corporate has applied for recovery of unpaid levies, interest, costs, and the filing fee from the unit owners.

Do the unit owner owe the levies claimed?

A unit owner must pay all body corporate levies and outgoings payable for the unit: ss 80(1)(f) and 121(1) of the Unit Titles Act 2010 (UTA).
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 owners have not paid the levies by that date: s 124(1) of the UTA.
The body corporate has provided records to prove the amount claimed.
The unit owners put the body corporate on notice that they would not be paying their levies from August 2022 because of an ongoing dispute about a leaking pipe. The unit owners cannot use their shower because water leaks into the unit below them when they do. The unit owners say the source of the leak is a water pipe located in the lift shaft, and the body corporate should repair it without delay.
The unit owners may have a valid claim against the body corporate, but it is irrelevant to this claim for unpaid levies. The unit owners cannot claim equitable set-off in this proceeding. 1 They are at liberty to pursue their own claim against the body corporate in the other matter of course.

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 cent per annum: s 128 of the UTA.
The body corporate has resolved to charge interest at 10 per cent per annum on unpaid levies. The Body Corporate has proved the amount of interest owing from the due date to the hearing date. 1 Body Corporate 324525 v Stent and others [2017] NZHC 2857 at [198] - [205].

Are the unit owners liable for costs?

Under s 124 of the UTA, and as resolved at 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
The Tribunal must order that the unit owners pay the body corporate’s reasonable costs to recover the levies, objectively assessed. I am satisfied that the additional costs set out in the table above are reasonable.
Because the body corporate has succeeded with the claim, the unit owners must reimburse the body corporate for the filing fee: s 176(1) of the UTA and s 102(4) of the Residential Tenancies Act 1986.

Tenancy Tribunal case 9043684 — Leaks in Auckland City, Auckland

Tenancy Tribunal case 9043684 — Leaks in Auckland City, Auckland

Order

Reasons

Do the unit owner owe the levies claimed?

Are the unit owners liable for interest?

Are the unit owners liable for costs?

Property management

Order

Reasons

Do the unit owner owe the levies claimed?

Are the unit owners liable for interest?

Are the unit owners liable for costs?

Property management