How much money was awarded in case 9051044?

Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 9051044?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 9051044?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844364-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9051044?

Property Damage: $500.00 awarded to landlord

What type of tenancy dispute was case 9051044?

The primary dispute was Property damage.

Where can I read the official tribunal order for case 9051044?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10844364-UTA_Tribunal_Order.pdf.

Hamilton East, Hamilton Tenancy Tribunal Case 9051044 — Property damage

Q: What was the outcome of Tenancy Tribunal case 9051044?

The tribunal order states: The Tribunal makes the following declarations to clarify the unit owners’

Order

Claims and awards in Tenancy Tribunal application 9051044. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
or a section of exterior cladding identified at the hearing to be repaired. 3. Neutrino Trust Limited to pay Body Corpor	$500.00		or a section of exterior cladding identified at the hearing to be repaired. 3. Neutrino Trust Limited to pay Body Corpor

The Tribunal makes the following declarations to clarify the unit owners’ responsibilities: a. A unit owner has a statutory responsibility to comply with the body corporate’s operations rules. b. When a unit owner’s tenant breaches the operational rules the unit owner must ensure that statutory remedies available under the Residential Tenancies Act 1986 are pursued to ensure that the breaches are remedied by the tenant. c. The unit owner is ultimately responsible for costs incurred to remedy breaches of the body corporate’s operational rules, even if the loss has been caused by a tenant. The body corporate cannot take action against a unit owner’s tenant under the Residential Tenancies Act 1986, only against the unit owner under the Unit Titles Act 2010.

By 2 October 2024, the unit owner must arrange for a section of exterior cladding identified at the hearing to be repaired.

Neutrino Trust Limited to pay Body Corporate 40486 $500.00 immediately being the filing fee on the application.

Reasons

Both parties attended the hearing. Ms Sinclair represented the body corporate, duly authorised. Mr and Mrs Bydder, directors of the respondent company (the unit owners), also attended. Ms Cox, another unit owner, attended as well.

The body corporate has applied for remedies following breaches of the operational rules by the unit owners’ tenant.

Since the application was filed, the tenant has vacated, and the breaches are no longer at issue. To that extent, the application has been overtaken by events.

The body corporate has issued invoices for payments relating to various breach notices not responded to by the unit owners.

The body corporate can issue levy demands for those costs and if the unit owners fail to pay, the body corporate can sue for unpaid levies, interest, and costs.

The issues that have led to the application proceeding to hearing are the result of failed communication. The unit owners have become aware that some emails from the body corporate manager have gone to their junk email folder and have not been responded to.

Ms Sinclair said that the unit owners have responded to communications with some of her colleagues in relation to other units they own, so did not understand why they had not responded to her emails.

Whatever the case, the unit owners have an obligation to provide the body corporate with correct contact details, and to respond to communications from the body corporate. I stressed that today. They accepted that they needed to resolve the communication issue. I suggested they set up a designated email address to use with this body corporate manager.

One of the issues raised in the application was a repair issue for exterior cladding. The owners said they were currently having renovation work done at the premises. They undertook to have the cladding repair completed within 2 weeks. I have made a work order for them to have that work done by 2 October 2023.

Ms Cox raised an issue about the unit owners’ painting contractor cleaning brushes on part of the driveway fence. The unit owners were unaware of that. They undertook to ensure that any paint staining was remedied by their contractor. Mediation

I suggested to the parties that they avail themselves of the free mediation services provided by Tenancy Services if similar issues arise again. Either party can request mediation by contacting Tenancy Services. It is a free, informal, and confidential alternative dispute resolution process. Filing fee

The Tribunal awards the body corporate the filing fee. The application was reasonably brought and is successful in part. It was largely made in response to the unit owners’ lack of communication – see section 102(4)(b) of the Residential Tenancies Act 1986 which applies pursuant to section 176 of the Unit Titles Act 2010. Body corporate contact

For the benefit of the unit owners, the contact email address for Ms Sinclair is: nicole.sinclair@quaybodycorporate.co.nz

Claims and awards in Tenancy Tribunal application 9051044. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
or a section of exterior cladding identified at the hearing to be repaired. 3. Neutrino Trust Limited to pay Body Corpor	$500.00		or a section of exterior cladding identified at the hearing to be repaired. 3. Neutrino Trust Limited to pay Body Corpor

Order

The Tribunal makes the following declarations to clarify the unit owners’ responsibilities: a. A unit owner has a statutory responsibility to comply with the body corporate’s operations rules. b. When a unit owner’s tenant breaches the operational rules the unit owner must ensure that statutory remedies available under the Residential Tenancies Act 1986 are pursued to ensure that the breaches are remedied by the tenant. c. The unit owner is ultimately responsible for costs incurred to remedy breaches of the body corporate’s operational rules, even if the loss has been caused by a tenant. The body corporate cannot take action against a unit owner’s tenant under the Residential Tenancies Act 1986, only against the unit owner under the Unit Titles Act 2010.
By 2 October 2024, the unit owner must arrange for a section of exterior cladding identified at the hearing to be repaired.
Neutrino Trust Limited to pay Body Corporate 40486 $500.00 immediately being the filing fee on the application.

Reasons

Both parties attended the hearing. Ms Sinclair represented the body corporate, duly authorised. Mr and Mrs Bydder, directors of the respondent company (the unit owners), also attended. Ms Cox, another unit owner, attended as well.
The body corporate has applied for remedies following breaches of the operational rules by the unit owners’ tenant.
Since the application was filed, the tenant has vacated, and the breaches are no longer at issue. To that extent, the application has been overtaken by events.
The body corporate has issued invoices for payments relating to various breach notices not responded to by the unit owners.
The body corporate can issue levy demands for those costs and if the unit owners fail to pay, the body corporate can sue for unpaid levies, interest, and costs.
The issues that have led to the application proceeding to hearing are the result of failed communication. The unit owners have become aware that some emails from the body corporate manager have gone to their junk email folder and have not been responded to.
Ms Sinclair said that the unit owners have responded to communications with some of her colleagues in relation to other units they own, so did not understand why they had not responded to her emails.
Whatever the case, the unit owners have an obligation to provide the body corporate with correct contact details, and to respond to communications from the body corporate. I stressed that today. They accepted that they needed to resolve the communication issue. I suggested they set up a designated email address to use with this body corporate manager.
One of the issues raised in the application was a repair issue for exterior cladding. The owners said they were currently having renovation work done at the premises. They undertook to have the cladding repair completed within 2 weeks. I have made a work order for them to have that work done by 2 October 2023.
Ms Cox raised an issue about the unit owners’ painting contractor cleaning brushes on part of the driveway fence. The unit owners were unaware of that. They undertook to ensure that any paint staining was remedied by their contractor. Mediation
I suggested to the parties that they avail themselves of the free mediation services provided by Tenancy Services if similar issues arise again. Either party can request mediation by contacting Tenancy Services. It is a free, informal, and confidential alternative dispute resolution process. Filing fee
The Tribunal awards the body corporate the filing fee. The application was reasonably brought and is successful in part. It was largely made in response to the unit owners’ lack of communication – see section 102(4)(b) of the Residential Tenancies Act 1986 which applies pursuant to section 176 of the Unit Titles Act 2010. Body corporate contact
For the benefit of the unit owners, the contact email address for Ms Sinclair is: nicole.sinclair@quaybodycorporate.co.nz

Tenancy Tribunal case 9051044 — Property damage in Hamilton East, Hamilton

At a glance

Tenancy Tribunal case 9051044 — Property damage in Hamilton East, Hamilton

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions