What was the outcome of Tenancy Tribunal case 9054784?

The tribunal order states: Ma Lolita Chavaria Amaba, Marlon Comelio Amaba must pay Body Corporate

How much money was awarded in case 9054784?

Legal Representative Costs: $6,235.04 awarded to landlord

What type of tenancy dispute was case 9054784?

The dispute type was not classified.

Where can I read the official tribunal order for case 9054784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11356584-Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9054784?

The tribunal order states: Ma Lolita Chavaria Amaba, Marlon Comelio Amaba must pay Body Corporate

How much money was awarded in case 9054784?

Legal Representative Costs: $6,235.04 awarded to landlord

What type of tenancy dispute was case 9054784?

The dispute type was not classified.

Where can I read the official tribunal order for case 9054784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11356584-Tribunal_Order.pdf.

Glenside, Wellington Tenancy Tribunal Case 9054784 — Tenancy dispute

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Reasons

Claims and awards in Tenancy Tribunal application 9054784 — net $7,097.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Legal representative costs	$6,235.04	Legal representative costs
Net award	$7,097.54
Total payable by Tenant to Landlord	$7,097.54

This matter relates to an application from the Body Corporate in relation to overdue levy recovery.

On 8 January 2025 I issued an order for the levies, interest, appearance costs on day of the hearing and the filing fee. An application for costs was made for work undertaken by the manager and legal representative for the Body Corporate in relation to work undertaken in the recovery of the outstanding levy. The managers costs was $862.50, and the legal representative costs were $6,235.04.

At the hearing I raised concerns in relation to the level of the costs claims, but to be fair to the parties, adjourned the hearing . As set out in my order I confirmed that:

I am minded that the above issues in relation to the collection costs were raised at the hearing by myself. Certainly Ms MacGregor and her firm would be well aware of the legal issues around the recovery of costs incurred, but I doubt that would be the situation for the Amaba’s. That being the case, I have determined that this aspect of the claim should be adjourned, to allow the Amaba’s an opportunity to consider the situation, and advise whether the costs claimed are accepted. In relation to the costs claimed, I am referring to the $862.50 charged by the secretary, and the $6,235.04 charged by the legal representative.

At this point, the Amaba’s have two options. That is: a. To agree the amount claimed for costs is accepted, and if that is the case, then I will make that additional order in full; or b. To object to the amount claimed. If the Amaba’s object to the amount of the claim, then I will need to assess the claim myself, on an objective basis, and decide whether the claim is reasonable. If that option is elected by the Amaba’s I record here that I would need further information from the secretary and legal representative around the work undertaken in this case.

The hearing is adjourned to allow the Amaba’s to advise the Tribunal on the position they take in relation to the costs claimed. I request that the Tribunal be notified by 22 January 2025 of which option is elected as set out at paragraph 18 above. If I do not hear from the Amaba’s by that date, I will consider the costs claim is accepted, and I will issue a further decision at that time ordering that full amount in addition to the amounts ordered under this order above.

No further communication has been received from the Amaba’s, and therefore I will proceed as indicated in my original order, that is that the entire costs claim is accepted. This means the Amaba’s need to pay the Body Corporate the amount set out in the original order ($15,163,22) as well as the secretary costs ($862.50) and the legal representatives costs ($6,235.04).

That means the total amount payable to the Body Corporate will be $22,260.76.

Reasons

Claims and awards in Tenancy Tribunal application 9054784 — net $7,097.54 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Legal representative costs	$6,235.04	Legal representative costs
Net award	$7,097.54
Total payable by Tenant to Landlord	$7,097.54

This matter relates to an application from the Body Corporate in relation to overdue levy recovery.

At the hearing I raised concerns in relation to the level of the costs claims, but to be fair to the parties, adjourned the hearing . As set out in my order I confirmed that:

That means the total amount payable to the Body Corporate will be $22,260.76.

Tenancy Tribunal case 9054784 — Tenancy dispute in Glenside, Wellington

At a glance

Tenancy Tribunal case 9054784 — Tenancy dispute in Glenside, Wellington

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions