What was the outcome of Tenancy Tribunal case 9056324?

The tribunal order states: Apple Ayas Limited must pay Body Corporate 182240 $12,136.31 immediately,

How much money was awarded in case 9056324?

Applicant Levies 1 July 2023: $7,215.52 awarded to landlord; Costs (Including 15 Minute Tribunal…: $3,935.74 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $485.05 awarded to landlord

What type of tenancy dispute was case 9056324?

The dispute type was not classified.

Where can I read the official tribunal order for case 9056324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11064620-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9056324?

The tribunal order states: Apple Ayas Limited must pay Body Corporate 182240 $12,136.31 immediately,

How much money was awarded in case 9056324?

Applicant Levies 1 July 2023: $7,215.52 awarded to landlord; Costs (Including 15 Minute Tribunal…: $3,935.74 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $485.05 awarded to landlord

What type of tenancy dispute was case 9056324?

The dispute type was not classified.

Where can I read the official tribunal order for case 9056324?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11064620-UTA_Tribunal_Order.pdf.

Mount Albert, Auckland Tenancy Tribunal Case 9056324 — Tenancy dispute

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Mount Albert, Auckland Tenancy Tribunal Case 9056324 — Tenancy dispute | 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 9056324 — net $12,136.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Applicant Levies 1 July 2023 to 31 December 2024	$7,215.52	Applicant Levies 1 July 2023 to 31 December 2024
Costs (including 15 minute Tribunal attendance	$3,935.74	Costs (including 15 minute Tribunal attendance
Interest to 12 November 2024	$485.05	Interest to 12 November 2024
Filing Fee	$500.00	Filing Fee
Net award	$12,136.31
Total payable by Tenant to Landlord	$12,136.31

Claims and awards for application 9056324 — net $12,136.31 NZD. Verify on MoJ.

Applicant Levies 1 July 2023 to 31 December 2024

Amount: $7,215.52
Awarded to: Landlord
Reason: Applicant Levies 1 July 2023 to 31 December 2024

Costs (including 15 minute Tribunal attendance

Amount: $3,935.74
Awarded to: Landlord
Reason: Costs (including 15 minute Tribunal attendance

Interest to 12 November 2024

Amount: $485.05
Awarded to: Landlord
Reason: Interest to 12 November 2024

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Net award

Landlord $12,136.31

Total payable by Tenant to Landlord

Landlord $12,136.31

Claim types — money lines allowed on this order

Filing Fee Interest

Order

Apple Ayas Limited must pay Body Corporate 182240 $12,136.31 immediately, calculated as follows: DescriptionApplicant Levies 1 July 2023 to 31 December 2024 $7,215.52 Costs (including 15 minute Tribunal attendance) $3,935.74 Interest to 12 November 2024$485.05 Filing Fee$500.00 Total award$12,136.31 Total payable by Respondent to Applicant $12,136.31

Reasons

Ms Dobson attended the hearing for the Body Corporate which was held by way of video conference. The unit owner did not attend the hearing or request an adjournment.
The Body Corporate has applied for recovery of unpaid levies, 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: sections 80(1)(f) and 121(1) of the Unit Titles Act 2010 (the Act).
The Body Corporate has determined the levies payable, and the unit owner’s share has been calculated according to their utility interest.
The Body corporate has fixed the due dates for the levies to be paid, and the unit owner has not paid the levies by the due dates: section 124(1) of the Act.
The Body Corporate has provided records to prove the amount claimed.

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 annum: section 128 of the Act.
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 dates to the hearing date.

Is the unit owner liable for costs?

Pursuant to section 124 of the Act 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 in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and more recently Body Corporate 346799 v Gueirard [2023] NZDC 19645, 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.
The documents provided by the Body Corporate, the invoice issued by the solicitors acting for the Body Corporate, and the supporting time sheets outline the work completed and the time spent in attempting to recover the unpaid levies. I am satisfied that the costs claimed are reasonable.
The Body Corporate has been fully successful in its claim and is therefore entitled to payment of the filing fee: Section 176(1) of the Act 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 9056324 — net $12,136.31 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Applicant Levies 1 July 2023 to 31 December 2024	$7,215.52	Applicant Levies 1 July 2023 to 31 December 2024
Costs (including 15 minute Tribunal attendance	$3,935.74	Costs (including 15 minute Tribunal attendance
Interest to 12 November 2024	$485.05	Interest to 12 November 2024
Filing Fee	$500.00	Filing Fee
Net award	$12,136.31
Total payable by Tenant to Landlord	$12,136.31

Claims and awards for application 9056324 — net $12,136.31 NZD. Verify on MoJ.

Applicant Levies 1 July 2023 to 31 December 2024

Amount: $7,215.52
Awarded to: Landlord
Reason: Applicant Levies 1 July 2023 to 31 December 2024

Costs (including 15 minute Tribunal attendance

Amount: $3,935.74
Awarded to: Landlord
Reason: Costs (including 15 minute Tribunal attendance

Interest to 12 November 2024

Amount: $485.05
Awarded to: Landlord
Reason: Interest to 12 November 2024

Filing Fee

Amount: $500.00
Awarded to: Landlord
Reason: Filing Fee

Net award

Landlord $12,136.31

Total payable by Tenant to Landlord

Landlord $12,136.31

Claim types — money lines allowed on this order

Filing Fee Interest

Order

Apple Ayas Limited must pay Body Corporate 182240 $12,136.31 immediately, calculated as follows: DescriptionApplicant Levies 1 July 2023 to 31 December 2024 $7,215.52 Costs (including 15 minute Tribunal attendance) $3,935.74 Interest to 12 November 2024$485.05 Filing Fee$500.00 Total award$12,136.31 Total payable by Respondent to Applicant $12,136.31

Reasons

Ms Dobson attended the hearing for the Body Corporate which was held by way of video conference. The unit owner did not attend the hearing or request an adjournment.
The Body Corporate has applied for recovery of unpaid levies, 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: sections 80(1)(f) and 121(1) of the Unit Titles Act 2010 (the Act).
The Body Corporate has determined the levies payable, and the unit owner’s share has been calculated according to their utility interest.
The Body corporate has fixed the due dates for the levies to be paid, and the unit owner has not paid the levies by the due dates: section 124(1) of the Act.
The Body Corporate has provided records to prove the amount claimed.

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 annum: section 128 of the Act.
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 dates to the hearing date.

Is the unit owner liable for costs?

Pursuant to section 124 of the Act 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 in Body Corporate 162791 v Cheah DC Auckland, CIV2014-004-0120, 24 June 2014, Body Corporate 162791 v Gilbert [2015] NZCA 185, and more recently Body Corporate 346799 v Gueirard [2023] NZDC 19645, 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.
The documents provided by the Body Corporate, the invoice issued by the solicitors acting for the Body Corporate, and the supporting time sheets outline the work completed and the time spent in attempting to recover the unpaid levies. I am satisfied that the costs claimed are reasonable.
The Body Corporate has been fully successful in its claim and is therefore entitled to payment of the filing fee: Section 176(1) of the Act and section 102(4) Residential Tenancies Act 1986.

Tenancy Tribunal case 9056324 — Tenancy dispute in Mount Albert, Auckland

At a glance

Tenancy Tribunal case 9056324 — Tenancy dispute in Mount Albert, Auckland

At a glance

Award balance

Claims & awards

Order

Reasons

Does the unit owner owe the levies claimed?

Are the unit owners liable for interest?

Is the unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Does the unit owner owe the levies claimed?

Are the unit owners liable for interest?

Is the unit owner liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions