What was the outcome of Tenancy Tribunal case 9066784?

The tribunal order states: Callum Hamish Fraser must pay Body Corporate 70946 $9,785.50, calculated as

How much money was awarded in case 9066784?

calculated as follows: DescriptionsA…: $4,606.47 awarded to landlord; Costs: Body Corporate Debt Collectio…: $920.00 awarded to landlord; Costs: Legal fees (including 18 min…: $3,564.25 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $194.78 awarded to landlord

What type of tenancy dispute was case 9066784?

The dispute type was not classified.

Where can I read the official tribunal order for case 9066784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11997849-UTA_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 9066784?

The tribunal order states: Callum Hamish Fraser must pay Body Corporate 70946 $9,785.50, calculated as

How much money was awarded in case 9066784?

calculated as follows: DescriptionsA…: $4,606.47 awarded to landlord; Costs: Body Corporate Debt Collectio…: $920.00 awarded to landlord; Costs: Legal fees (including 18 min…: $3,564.25 awarded to landlord; Filing Fee: $500.00 awarded to landlord; Interest: $194.78 awarded to landlord

What type of tenancy dispute was case 9066784?

The dispute type was not classified.

Where can I read the official tribunal order for case 9066784?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11997849-UTA_Tribunal_Order.pdf.

Hutt Central, Lower Hutt Tenancy Tribunal Case 9066784 — Tenancy dispute

Order

Claims and awards in Tenancy Tribunal application 9066784 — net $9,785.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
calculated as follows: DescriptionsApplicant Levies due to 1/04/2025	$4,606.47	calculated as follows: DescriptionsApplicant Levies due to 1/04/2025
Costs: Body Corporate Debt Collection Charges	$920.00	Costs: Body Corporate Debt Collection Charges
Costs: Legal fees (including 18 min Tribunal appearance	$3,564.25	Costs: Legal fees (including 18 min Tribunal appearance
Interest to 18/06/2025	$194.78	Interest to 18/06/2025
Filing Fee	$500.00	Filing Fee
Net award	$9,785.50
Total payable by Tenant to Landlord	$9,785.50

Callum Hamish Fraser must pay Body Corporate 70946 $9,785.50, calculated as follows: DescriptionsApplicant Levies due to 1/04/2025$4,606.47 Costs: Body Corporate Debt Collection Charges $920.00 Costs: Legal fees (including 18 min Tribunal appearance) $3,564.25 Interest to 18/06/2025$194.78 Filing Fee$500.00 Total award$9,785.50 Total payable by Respondent to Applicant $9,785.50

Callum Hamish Fraser must pay the debt in order 1 at the rate of $1000.00 per fortnight.

The first payment must be made on Thursday 19 June 2025 and payments must continue fortnightly on Thursday until the debt is paid in full.

If the respondent fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by teleconference.

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 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 updated submissions and documents in support for the hearing today, to prove the amount claimed.

The unit owner does not dispute the overdue levies claimed, he explained that he has had employment difficulties which led to the arrears but has now found a stable job and is able to make regular instalment payments towards the debt.

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. The appearance fee has been adjusted to 18 minutes due to the short hearing time today.

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. Instalment payment of debt

The respondent owner seeks to repay the debt at a rate of $1000.00 per fortnight. He advised that he is paid on a Wednesday and the first payment will be made today to show in the Body Corporate account by tomorrow, 19 June 2025. Instalment payments will continue fortnightly on a Thursday.

The applicant’s counsel advised that he does not have instructions regarding an instalment payment plan.

The Tribunal may make any order subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. See section 176 Unit Titles Act 2010 and section 78(3) Residential Tenancies Act 1986.

I am satisfied having regard to the amount of the debt, the substantial instalment proposal and the respondent’s submissions, that it is appropriate to impose a condition that the debt is repaid at the rate of $1000.00 per fortnight. Therefore, I make the order for instalment payments as sought.

The instalment payments for the debt are in addition to any future levy payments due.

Claims and awards in Tenancy Tribunal application 9066784 — net $9,785.50 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
calculated as follows: DescriptionsApplicant Levies due to 1/04/2025	$4,606.47	calculated as follows: DescriptionsApplicant Levies due to 1/04/2025
Costs: Body Corporate Debt Collection Charges	$920.00	Costs: Body Corporate Debt Collection Charges
Costs: Legal fees (including 18 min Tribunal appearance	$3,564.25	Costs: Legal fees (including 18 min Tribunal appearance
Interest to 18/06/2025	$194.78	Interest to 18/06/2025
Filing Fee	$500.00	Filing Fee
Net award	$9,785.50
Total payable by Tenant to Landlord	$9,785.50

Order

Callum Hamish Fraser must pay Body Corporate 70946 $9,785.50, calculated as follows: DescriptionsApplicant Levies due to 1/04/2025$4,606.47 Costs: Body Corporate Debt Collection Charges $920.00 Costs: Legal fees (including 18 min Tribunal appearance) $3,564.25 Interest to 18/06/2025$194.78 Filing Fee$500.00 Total award$9,785.50 Total payable by Respondent to Applicant $9,785.50
Callum Hamish Fraser must pay the debt in order 1 at the rate of $1000.00 per fortnight.
The first payment must be made on Thursday 19 June 2025 and payments must continue fortnightly on Thursday until the debt is paid in full.
If the respondent fails to make any payment within 2 working days of the due date, the balance of the debt owing will be payable immediately and can be enforced through the District Court.

Reasons

Both parties attended the hearing which took place by teleconference.
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 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 updated submissions and documents in support for the hearing today, to prove the amount claimed.
The unit owner does not dispute the overdue levies claimed, he explained that he has had employment difficulties which led to the arrears but has now found a stable job and is able to make regular instalment payments towards the debt.

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. The appearance fee has been adjusted to 18 minutes due to the short hearing time today.
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. Instalment payment of debt
The respondent owner seeks to repay the debt at a rate of $1000.00 per fortnight. He advised that he is paid on a Wednesday and the first payment will be made today to show in the Body Corporate account by tomorrow, 19 June 2025. Instalment payments will continue fortnightly on a Thursday.
The applicant’s counsel advised that he does not have instructions regarding an instalment payment plan.
The Tribunal may make any order subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. See section 176 Unit Titles Act 2010 and section 78(3) Residential Tenancies Act 1986.
I am satisfied having regard to the amount of the debt, the substantial instalment proposal and the respondent’s submissions, that it is appropriate to impose a condition that the debt is repaid at the rate of $1000.00 per fortnight. Therefore, I make the order for instalment payments as sought.
The instalment payments for the debt are in addition to any future levy payments due.

Tenancy Tribunal case 9066784 — Tenancy dispute in Hutt Central, Lower Hutt

At a glance

Tenancy Tribunal case 9066784 — Tenancy dispute in Hutt Central, Lower Hutt

At a glance

Award balance

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

Award balance

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