What was the outcome of Tenancy Tribunal case 9058724?

The tribunal order states: Man Hang Chor must pay Body Corporate 139980 $10,921.44 immediately,

How much money was awarded in case 9058724?

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 9058724?

The dispute type was not classified.

Where can I read the official tribunal order for case 9058724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11542101-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9058724?

The tribunal order states: Man Hang Chor must pay Body Corporate 139980 $10,921.44 immediately,

How much money was awarded in case 9058724?

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 9058724?

The dispute type was not classified.

Where can I read the official tribunal order for case 9058724?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11542101-UTA_Tribunal_Order.pdf.

Avondale, Auckland Tenancy Tribunal Case 9058724 — Tenancy dispute

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Avondale, Auckland Tenancy Tribunal Case 9058724 — Tenancy dispute | TenantCheck

Order

Man Hang Chor must pay Body Corporate 139980 $10,921.44 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: due on 6 November 2023$1,904.26 Ordinary Levy: due on 10 November 2024 $2,296.24 Interest: to 7 March 2025$218.48 Costs: Body Corporate Manager debt collection fees $692.60 Costs: Lawyer's fees$5,154.61 Costs: Appearance at the hearing$155.25 Filing Fee$500.00 Total award with interest$10,921.44 Total payable by Respondent to Applicant $10,921.44
All other claims are dismissed.

Reasons

The body corporate attended the hearing. The body corporate was represented by Ms McGregor from Price Baker Berridge.
The unit owner was properly served and sent reminders. The unit owner did not attend the hearing.
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. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has applied for two lots of ordinary levies and an “additional maintenance levy for the period 2023 – 24” in the amount of $253.20.
As to the ordinary levies, 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. The money paid by the unit owner in $100 instalments has been taken into account.
The claim for the additional maintenance levy and the interest on that $253.20 is not allowed. This is because I have not been provided with any evidence that the body corporate has determined this levy is payable.

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.

Order

Man Hang Chor must pay Body Corporate 139980 $10,921.44 immediately, calculated as follows: DescriptionsApplicantRespondent Ordinary Levy: due on 6 November 2023$1,904.26 Ordinary Levy: due on 10 November 2024 $2,296.24 Interest: to 7 March 2025$218.48 Costs: Body Corporate Manager debt collection fees $692.60 Costs: Lawyer's fees$5,154.61 Costs: Appearance at the hearing$155.25 Filing Fee$500.00 Total award with interest$10,921.44 Total payable by Respondent to Applicant $10,921.44
All other claims are dismissed.

Reasons

The body corporate attended the hearing. The body corporate was represented by Ms McGregor from Price Baker Berridge.
The unit owner was properly served and sent reminders. The unit owner did not attend the hearing.
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. See sections 80(1)(f) and 121(1) Unit Titles Act 2010.
The body corporate has applied for two lots of ordinary levies and an “additional maintenance levy for the period 2023 – 24” in the amount of $253.20.
As to the ordinary levies, 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. The money paid by the unit owner in $100 instalments has been taken into account.
The claim for the additional maintenance levy and the interest on that $253.20 is not allowed. This is because I have not been provided with any evidence that the body corporate has determined this levy is payable.

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 9058724 — Tenancy dispute in Avondale, Auckland

Tenancy Tribunal case 9058724 — Tenancy dispute in Avondale, 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?