Published tribunal order
Tenancy Tribunal case 9065404 — Unit Titles in Eden Terrace, Auckland
Decided 23 Sept 2025 · Published 23 Sept 2025 · Application 9065404
- Unit Titles
Order
dated 1 August 2025 is amended to record that the penalty interest owing by the owner to the body corporate is $3,423.27 and not $7.28 as shown in the order.
- Orchid Commercial Limited must pay Body Corporate 354782 $8,921.53 immediately, calculated as follows, and not the sum of $5,505.54 shown in the order dated 1 August 2025: Levy$1,888.13 s.214 Solicitor’s costs$3,110.13 Penalty Interest$3,423.27 Filing fee$500.00 Total award$8,921.53
Reasons
- By order dated 1 August 2025 (“the order”), the Tribunal ordered the owner to pay $5,505.54 to the body corporate. That sum was made-up as follows; Levy$1,883.13 s.214 Solicitor’s costs$3,110.13 Interest$7.28. Filing fee$500.00 Total award$5,505.54
- The order further provided;
- 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.”
- By correspondence dated 9 September 2025, the body corporate sought to have the penalty interest figure included in the order corrected, so that it recorded the penalty interest owing as being $3,423.27.
- With the exception of two paragraphs, the body corporate has throughout its submissions, both oral and written to the Tribunal, expressly claimed penalty interest of $3,423.27.
- The exceptions are contained at paragraphs 7 and 26 of the body corporate’s further submissions dated 4 June 2025, both of which record the penalty interest figure as $7.28.
- The Tribunal advised the owner of the body corporates’ application. The owner’s response to the Tribunal dated 22 September 2025, makes no direct reference to the application by the body corporate to correct the order, other than to indicate that the owner did not agree with the Tribunal’s order in general terms.
- Given the findings in para 10 and 11 of the order, it is clear that the penalty interest figure included in the order was a clerical oversight, rather than a substantive decision by the Tribunal.
- The order is amended to include an order that the owner pay penalty interest to the body corporate of $3,423.27. This brings the total order to $8,921.53.
- The Tribunal apologises to the parties for any inconvenience caused.