What was the outcome of Tenancy Tribunal case 9059904?

The tribunal order states: Simone Glassom and Steven Pick must pay immediately pay Body Corporate

How much money was awarded in case 9059904?

calculated as follows: DescriptionsA…: $1,478.72 awarded to landlord; Costs: Crockers Collection Fees: $81.15 awarded to landlord; Costs: Legal Costs: $1,261.67 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: On Overdue Levies: $50.23 awarded to landlord

What type of tenancy dispute was case 9059904?

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

Where can I read the official tribunal order for case 9059904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11153661-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9059904?

The tribunal order states: Simone Glassom and Steven Pick must pay immediately pay Body Corporate

How much money was awarded in case 9059904?

calculated as follows: DescriptionsA…: $1,478.72 awarded to landlord; Costs: Crockers Collection Fees: $81.15 awarded to landlord; Costs: Legal Costs: $1,261.67 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: On Overdue Levies: $50.23 awarded to landlord

What type of tenancy dispute was case 9059904?

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

Where can I read the official tribunal order for case 9059904?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11153661-UTA_Tribunal_Order.pdf.

Sunnynook, Auckland Tenancy Tribunal Case 9059904 — Unit Titles

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Sunnynook, Auckland Tenancy Tribunal Case 9059904 — 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 9059904. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
calculated as follows: DescriptionsApplicant Costs: Overdue levies	$1,478.72	calculated as follows: DescriptionsApplicant Costs: Overdue levies
Costs: Crockers collection fees	$81.15	Costs: Crockers collection fees
Interest: on overdue levies	$50.23	Interest: on overdue levies
Costs: Legal costs	$1,261.67	Costs: Legal costs
Filing Fee	$500.00	Filing Fee

Claims and awards for application 9059904. Verify on MoJ.

calculated as follows: DescriptionsApplicant Costs: Overdue levies

Amount: $1,478.72
Awarded to: Landlord
Reason: calculated as follows: DescriptionsApplicant Costs: Overdue levies

Costs: Crockers collection fees

Amount: $81.15
Awarded to: Landlord
Reason: Costs: Crockers collection fees

Interest: on overdue levies

Amount: $50.23
Awarded to: Landlord
Reason: Interest: on overdue levies

Costs: Legal costs

Amount: $1,261.67
Awarded to: Landlord
Reason: Costs: Legal costs

Filing Fee

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

Claim types — money lines allowed on this order

Legal Costs Filing Fee Interest

Order

Simone Glassom and Steven Pick must pay immediately pay Body Corporate 200426 $3,371.77, calculated as follows: DescriptionsApplicant Costs: Overdue levies$1,478.72 Costs: Crockers collection fees$81.15 Interest: on overdue levies$50.23 Costs: Legal costs$1,261.67 Filing Fee$500.00 Total award$3,371.77

Reasons

Counsel, Iain Stephenson of Lane Neave lawyers, appeared for the body corporate.
Steven Pick attended the hearing for the unit owners.
The body corporate has applied for recovery of unpaid levies, interest, costs, and the filing fee from the unit owners.

Do the owners owe the levies claimed?

Unit owners must pay all body corporate levies and outgoings payable for the unit. 1
The body corporate has determined the levies payable for 2024. The unit owners’ share was calculated according to their utility interest.
The body corporate issued invoices for the levies with a due date for the levies to be paid. The unit owners did not pay the levies by the due dates. 2
The body corporate has provided records to prove the amount claimed.
Mr Pick submitted that the body corporate did not correctly raise the levies. However, raising levies for historical body corporate debts is perfectly acceptable and the body corporate’s processes for raising the levies and issuing them are transparent, documented, and valid as far as I could see. When the Tribunal said in its last decision involving these parties that “legal costs incurred by the Body Corporate in connection with this application are not recoverable under s.124 or 127 UTA, as costs incurred in collecting a levy or remedying a breach”, it did not mean the body corporate could not levy the unit owners for the body corporate’s legal costs for those proceedings. 3
Nor would prolonging this litigation by finding minor technical fault likely to assist the unit owners in the long run. The body corporate could remedy any technical deficiencies if any existed (and it does not appear they do) and the unit owners would likely just incur higher costs.

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 percent per annum. 4 1 Unit Titles Act 2010, UTA ss 80(1)(f) and 121(1). 2 UTA, s 124(1). 3 In Simone Glassom-Pick v Body Corporate BC 200426 [2024] Auckland/Tāmaki Makaurau 9047064. 4 UTA, s 128.
The body corporate has resolved to charge interest at 10 percent per annum on unpaid levies.
The Body Corporate has proved the amount of interest owing from the due date to the hearing date.

Are the Unit owners liable for costs?

The Tribunal must order the body corporate’s full legal costs to recover the levies and so long as the costs are not unreasonable. As His Honour David J Clark explained: 5 Because the recovery of solicitor client costs is a category of cases which can be claimed under s 124 of the UTA, the starting point then is a statutory acceptance solicitor client costs can be granted as of right. There is no difference whether the right to claim solicitor client costs is conferred by statute or by contract where the parties have agreed between themselves solicitor client costs are recoverable.
Mr Stephenson said Lane Neave has undercharged for its attendances on this matter due in large part to the body corporate being a small one. That submission is supported by the fact legal fees appear comfortably withing the appropriate expected range for this kind of work. I add that Mr Stephenson demonstrated a high level of competence in this area and professionalism. Suffice to say the legal fees are reasonable.
The Tribunal also orders the body corporate manager’s administration fee because they are a cost incurred to recover the overdue levies. 6 Filing fee
The unit owners must pay the filing fee. 7

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 9059904. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
calculated as follows: DescriptionsApplicant Costs: Overdue levies	$1,478.72	calculated as follows: DescriptionsApplicant Costs: Overdue levies
Costs: Crockers collection fees	$81.15	Costs: Crockers collection fees
Interest: on overdue levies	$50.23	Interest: on overdue levies
Costs: Legal costs	$1,261.67	Costs: Legal costs
Filing Fee	$500.00	Filing Fee

Claims and awards for application 9059904. Verify on MoJ.

calculated as follows: DescriptionsApplicant Costs: Overdue levies

Amount: $1,478.72
Awarded to: Landlord
Reason: calculated as follows: DescriptionsApplicant Costs: Overdue levies

Costs: Crockers collection fees

Amount: $81.15
Awarded to: Landlord
Reason: Costs: Crockers collection fees

Interest: on overdue levies

Amount: $50.23
Awarded to: Landlord
Reason: Interest: on overdue levies

Costs: Legal costs

Amount: $1,261.67
Awarded to: Landlord
Reason: Costs: Legal costs

Filing Fee

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

Claim types — money lines allowed on this order

Legal Costs Filing Fee Interest

Order

Reasons

Counsel, Iain Stephenson of Lane Neave lawyers, appeared for the body corporate.
Steven Pick attended the hearing for the unit owners.
The body corporate has applied for recovery of unpaid levies, interest, costs, and the filing fee from the unit owners.

Do the owners owe the levies claimed?

Unit owners must pay all body corporate levies and outgoings payable for the unit. 1
The body corporate has determined the levies payable for 2024. The unit owners’ share was calculated according to their utility interest.
The body corporate issued invoices for the levies with a due date for the levies to be paid. The unit owners did not pay the levies by the due dates. 2
The body corporate has provided records to prove the amount claimed.
Mr Pick submitted that the body corporate did not correctly raise the levies. However, raising levies for historical body corporate debts is perfectly acceptable and the body corporate’s processes for raising the levies and issuing them are transparent, documented, and valid as far as I could see. When the Tribunal said in its last decision involving these parties that “legal costs incurred by the Body Corporate in connection with this application are not recoverable under s.124 or 127 UTA, as costs incurred in collecting a levy or remedying a breach”, it did not mean the body corporate could not levy the unit owners for the body corporate’s legal costs for those proceedings. 3
Nor would prolonging this litigation by finding minor technical fault likely to assist the unit owners in the long run. The body corporate could remedy any technical deficiencies if any existed (and it does not appear they do) and the unit owners would likely just incur higher costs.

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 percent per annum. 4 1 Unit Titles Act 2010, UTA ss 80(1)(f) and 121(1). 2 UTA, s 124(1). 3 In Simone Glassom-Pick v Body Corporate BC 200426 [2024] Auckland/Tāmaki Makaurau 9047064. 4 UTA, s 128.
The body corporate has resolved to charge interest at 10 percent per annum on unpaid levies.
The Body Corporate has proved the amount of interest owing from the due date to the hearing date.

Are the Unit owners liable for costs?

The Tribunal must order the body corporate’s full legal costs to recover the levies and so long as the costs are not unreasonable. As His Honour David J Clark explained: 5 Because the recovery of solicitor client costs is a category of cases which can be claimed under s 124 of the UTA, the starting point then is a statutory acceptance solicitor client costs can be granted as of right. There is no difference whether the right to claim solicitor client costs is conferred by statute or by contract where the parties have agreed between themselves solicitor client costs are recoverable.
Mr Stephenson said Lane Neave has undercharged for its attendances on this matter due in large part to the body corporate being a small one. That submission is supported by the fact legal fees appear comfortably withing the appropriate expected range for this kind of work. I add that Mr Stephenson demonstrated a high level of competence in this area and professionalism. Suffice to say the legal fees are reasonable.
The Tribunal also orders the body corporate manager’s administration fee because they are a cost incurred to recover the overdue levies. 6 Filing fee
The unit owners must pay the filing fee. 7

Tenancy Tribunal case 9059904 — Unit Titles in Sunnynook, Auckland

At a glance

Tenancy Tribunal case 9059904 — Unit Titles in Sunnynook, Auckland

At a glance

Claims & awards

Order

Reasons

Do the owners owe the levies claimed?

Are the unit owners liable for interest?

Are the Unit owners liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Do the owners owe the levies claimed?

Are the unit owners liable for interest?

Are the Unit owners liable for costs?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions