What was the outcome of Tenancy Tribunal case 9045304?

The tribunal order states: Helen Hanae, Keiji Hanae, Helen Margaret Hanae must pay Body Corporate

How much money was awarded in case 9045304?

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 9045304?

The dispute type was not classified.

Where can I read the official tribunal order for case 9045304?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9520200-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9045304?

The tribunal order states: Helen Hanae, Keiji Hanae, Helen Margaret Hanae must pay Body Corporate

How much money was awarded in case 9045304?

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 9045304?

The dispute type was not classified.

Where can I read the official tribunal order for case 9045304?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9520200-UTA_Tribunal_Order.pdf.

Grafton, Auckland Tenancy Tribunal Case 9045304 — Tenancy dispute

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Grafton, Auckland Tenancy Tribunal Case 9045304 — Tenancy dispute | TenantCheck

Order

Helen Hanae, Keiji Hanae, Helen Margaret Hanae must pay Body Corporate 159984 $12,316.19 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy$6,194.74 s138(4)/s126 on-charges$2,898.00 Interest$757.07 Costs$1,966.38 Filing Fee$500.00 Total payable by Respondent to Applicant $12,316.19

Reasons

Only the Body Corporate (“BC”) attended the hearing.
The BC has applied for recovery of unpaid levies, 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 BC has determined the levies payable and unit owner's share has been calculated according to their utility interest.
The BC 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. On-Charges
The BC seeks reimbursements of the costs of cutting back trees and clearings weeds from the garden of the principal unit following complaints from other unit owners about the state of the garden.
The unit owner does not reside in New Zealand and has not appointed and notified the BC of an agent to represent her. The BC may enforce the body corporate rules in her absence. One of those rules includes not interfering with the quiet enjoyment of other unit owners.
Further s126 and s138(4) of the Act both authorise the BC to undertake repairs and maintenance, and where those repairs or maintenance are for the benefit of one unit, pass the costs of the work on to the unit owner.
I am satisfied that the work undertaken was necessary and was for the benefit of the principal unit. Accordingly, the amount sought is proved.

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 BC has resolved to charge interest at 10% per annum on unpaid levies. The BC 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 BC, the BC is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the BC. 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 BC in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable. Filing Fee
Because the BC 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

Helen Hanae, Keiji Hanae, Helen Margaret Hanae must pay Body Corporate 159984 $12,316.19 immediately, calculated as follows: DescriptionsApplicant Ordinary Levy$6,194.74 s138(4)/s126 on-charges$2,898.00 Interest$757.07 Costs$1,966.38 Filing Fee$500.00 Total payable by Respondent to Applicant $12,316.19

Reasons

Only the Body Corporate (“BC”) attended the hearing.
The BC has applied for recovery of unpaid levies, 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 BC has determined the levies payable and unit owner's share has been calculated according to their utility interest.
The BC 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. On-Charges
The BC seeks reimbursements of the costs of cutting back trees and clearings weeds from the garden of the principal unit following complaints from other unit owners about the state of the garden.
The unit owner does not reside in New Zealand and has not appointed and notified the BC of an agent to represent her. The BC may enforce the body corporate rules in her absence. One of those rules includes not interfering with the quiet enjoyment of other unit owners.
Further s126 and s138(4) of the Act both authorise the BC to undertake repairs and maintenance, and where those repairs or maintenance are for the benefit of one unit, pass the costs of the work on to the unit owner.
I am satisfied that the work undertaken was necessary and was for the benefit of the principal unit. Accordingly, the amount sought is proved.

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 BC has resolved to charge interest at 10% per annum on unpaid levies. The BC 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 BC, the BC is entitled to recover any reasonable costs incurred by it in collecting unpaid levies as a debt due by the owner to the BC. 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 BC in recovering the levies, objectively assessed, be paid by a defaulting unit owner. I am satisfied that the costs ordered above are reasonable. Filing Fee
Because the BC 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 9045304 — Tenancy dispute in Grafton, Auckland

Tenancy Tribunal case 9045304 — Tenancy dispute in Grafton, 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?