How much money was awarded in case 9067224?

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 9067224?

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

Where can I read the official tribunal order for case 9067224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12092721-UTA_Tribunal_Order.pdf.

How much money was awarded in case 9067224?

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 9067224?

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

Where can I read the official tribunal order for case 9067224?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/12092721-UTA_Tribunal_Order.pdf.

New Lynn, Auckland Tenancy Tribunal Case 9067224 — Unit Titles

Q: What was the outcome of Tenancy Tribunal case 9067224?

The tribunal order states: Tessie Maria Milford must pay Body Corporate 183930 $12,645.87 immediately,

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New Lynn, Auckland Tenancy Tribunal Case 9067224 — Unit Titles | TenantCheck

Order

Tessie Maria Milford must pay Body Corporate 183930 $12,645.87 immediately, calculated as follows: DescriptionsApplicantRespondent Remedial Levy$900.00 Ordinary Levy: for 2023/24 period due 13-Dec-23 $3,794.66 Ordinary Levy: for 2024/25 period due 13-Dec-24 $4,417.67 Interest: on remedial levies calculated to 9 July 2025 $761.91 Interest: on operational (ordinary) levies calculated to 9 July 2025 $848.50 Costs: debt collection (s124 UTA) $776.25 Filing Fee$500.00 Costs: to prepare and attend the hearing$646.88 Total award$12,645.87

Reasons

Both parties attended the hearing. The body corporate is represented by Craig Leishman and the unit owner by Shane Neueli.
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 records to prove the amount claimed.

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.
Finally, I note for the record that the unit owner has offered to repay the debt by weekly instalments of $200.00 which proposal Mr Leishman will favourably pass on to the body corporate for their formal acceptance. Such repayment terms will allow the debt to be repaid over time and the unit owner to remain living at the premises.

Order

Reasons

Both parties attended the hearing. The body corporate is represented by Craig Leishman and the unit owner by Shane Neueli.
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 records to prove the amount claimed.

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.
Finally, I note for the record that the unit owner has offered to repay the debt by weekly instalments of $200.00 which proposal Mr Leishman will favourably pass on to the body corporate for their formal acceptance. Such repayment terms will allow the debt to be repaid over time and the unit owner to remain living at the premises.

Tenancy Tribunal case 9067224 — Unit Titles in New Lynn, Auckland

Tenancy Tribunal case 9067224 — Unit Titles in New Lynn, 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?