How much money was awarded in case 9053484?

antRespondent Outstanding remedial l…: $25,593.15 awarded to landlord; Costs: BC Debt Collection Fees: $460.00 awarded to landlord; Costs: Legal costs (in connection wi…: $8,247.25 awarded to landlord; Costs: Legal costs (in connection wi…: $5,133.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: on the Outstanding Remedia…: $2,307.66 awarded to landlord

What type of tenancy dispute was case 9053484?

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

Where can I read the official tribunal order for case 9053484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10555450-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9053484?

antRespondent Outstanding remedial l…: $25,593.15 awarded to landlord; Costs: BC Debt Collection Fees: $460.00 awarded to landlord; Costs: Legal costs (in connection wi…: $8,247.25 awarded to landlord; Costs: Legal costs (in connection wi…: $5,133.50 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: on the Outstanding Remedia…: $2,307.66 awarded to landlord

What type of tenancy dispute was case 9053484?

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

Where can I read the official tribunal order for case 9053484?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10555450-UTA_Tribunal_Order.pdf.

Newton, Auckland Tenancy Tribunal Case 9053484 — Unit Titles

Q: What was the outcome of Tenancy Tribunal case 9053484?

The tribunal order states: Kiran Lata must pay Body Corporate 384684 $42,241.56 immediately, calculated

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Newton, Auckland Tenancy Tribunal Case 9053484 — Unit Titles | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9053484. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da	$25,593.15	antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da
Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024	$2,307.66	Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024
Costs: Legal costs (in connection with Previous Order dated 27 September 2021	$8,247.25	Costs: Legal costs (in connection with Previous Order dated 27 September 2021
Costs: BC debt collection fees	$460.00	Costs: BC debt collection fees
Costs: Legal costs (in connection with the current application	$5,133.50	Costs: Legal costs (in connection with the current application
Filing Fee	$500.00	Filing Fee

Claims and awards for application 9053484. Verify on MoJ.

antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da

Amount: $25,593.15
Awarded to: Landlord
Reason: antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da

Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024

Amount: $2,307.66
Awarded to: Landlord
Reason: Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024

Costs: Legal costs (in connection with Previous Order dated 27 September 2021

Amount: $8,247.25
Awarded to: Landlord
Reason: Costs: Legal costs (in connection with Previous Order dated 27 September 2021

Costs: BC debt collection fees

Amount: $460.00
Awarded to: Landlord
Reason: Costs: BC debt collection fees

Costs: Legal costs (in connection with the current application

Claim types — money lines allowed on this order

Legal Costs Filing Fee Interest

Order

Kiran Lata must pay Body Corporate 384684 $42,241.56 immediately, calculated as follows: DescriptionsApplicantRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice dated 20 July 2023 $25,593.15 Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024 $2,307.66 Costs: Legal costs (in connection with Previous Order dated 27 September 2021) $8,247.25 Costs: BC debt collection fees$460.00 Costs: Legal costs (in connection with the current application) $5,133.50 Filing Fee$500.00 Total award$42,241.56

Reasons

Both parties attended the hearing. The body corporate is represented by counsel.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. The unit owner accepts the amounts claimed, including legal costs (in connection with previous order dated 27 September 2021) but requests time payments by instalments due to financial hardship.

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 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.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 9053484. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da	$25,593.15	antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da
Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024	$2,307.66	Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024
Costs: Legal costs (in connection with Previous Order dated 27 September 2021	$8,247.25	Costs: Legal costs (in connection with Previous Order dated 27 September 2021
Costs: BC debt collection fees	$460.00	Costs: BC debt collection fees
Costs: Legal costs (in connection with the current application	$5,133.50	Costs: Legal costs (in connection with the current application
Filing Fee	$500.00	Filing Fee

Claims and awards for application 9053484. Verify on MoJ.

antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da

Amount: $25,593.15
Awarded to: Landlord
Reason: antRespondent Outstanding remedial levies: Remedial Works (Balcony Tiles, Membrane, Joinery, Basement) as per invoice da

Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024

Amount: $2,307.66
Awarded to: Landlord
Reason: Interest: on the Outstanding Remedial Levies at 10% per annum as at 9 July 2024

Costs: Legal costs (in connection with Previous Order dated 27 September 2021

Amount: $8,247.25
Awarded to: Landlord
Reason: Costs: Legal costs (in connection with Previous Order dated 27 September 2021

Costs: BC debt collection fees

Amount: $460.00
Awarded to: Landlord
Reason: Costs: BC debt collection fees

Costs: Legal costs (in connection with the current application

Claim types — money lines allowed on this order

Legal Costs Filing Fee Interest

Order

Reasons

Both parties attended the hearing. The body corporate is represented by counsel.
The body corporate has applied for recovery of unpaid levies, interest, costs and the filing fee from the unit owner. The unit owner accepts the amounts claimed, including legal costs (in connection with previous order dated 27 September 2021) but requests time payments by instalments due to financial hardship.

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 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 9053484 — Unit Titles in Newton, Auckland

At a glance

Tenancy Tribunal case 9053484 — Unit Titles in Newton, Auckland

At a glance

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Does the Unit Owner owe the levies claimed?

Is the Unit owner liable for interest?

Is the Unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions