What was Tenancy Tribunal case 5101308 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5101308?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,464.29 awarded to landlord

What type of tenancy dispute was case 5101308?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5101308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11479656-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5101308 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5101308?

Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,464.29 awarded to landlord

What type of tenancy dispute was case 5101308?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5101308?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11479656-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 5101308 — Rent arrears

Claims and awards in Tenancy Tribunal application 5101308. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 24.2.25	$3,464.29		Rent arrears to 24.2.25
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Janusz Choromanski and Sarah Choromanski owes [The landlord/s] $3,464.29 (“the debt”), as calculated in the table below
Janusz Choromanski and Sarah Choromanski must pay rent and the debt as follows: a. By one payment of $1,940.00 due on 25 February 2025, b. By weekly payments of rent and an additional amount of $200.00 for the debt. c. Payments will be every , with the first payment on Friday 28 February 2025 and continuing until the debt is paid in full .
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
The application for water rates is dismissed.

Reasons

The landlord attended the hearing by phone call.
The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing as the tenant sought an adjournment shortly before the hearing, which was declined. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Conditional Termination order
The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenants written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenants under this paragraph in relation to the same tenancy and 90- day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. 1
In this case I find the landlord has served notices on the tenants as required in the Residential Tenancies Act 1986, (on 23/11/24, 9/12/24 and 9/12/24) and the 1 See section 55(1)(aa) Residential Tenancies Act 1986. application to the Tribunal was made within 28 days of the date of the third notice.
The tenants have not exercised their right to challenge the notices regarding the rent arrears.
The grounds set out in section 55 (1) (aa) of the RTA have been established to terminate the tenancy.
However, termination was discussed at the hearing.
The landlord assumes the tenants want to repay the debt to avoid immediate termination.
I also note the tenant emailed the Tribunal during the hearing to advise they would make the one of payment referred to at order 3. a.
With consent of the landlord and having regards to the tenant’s email submission to the Tribunal (referred to above) I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order. 2
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. 3 Rent arrears
The landlord has provided rent records have been provided which prove the amount owing, as ordered above. Water rates
The landlord’s claim in respect to water rates includes the fixed rate in addition to the tenant’s water usage. The landlord is to recalculate the tenant’s water rates obligations and file a fresh application if water rates are claimed. The claim for water rates is dismissed. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression 2 See section 78 (3) of the RTA. 3 See section 64(4)(b) Residential Tenancies Act 1986.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Claims and awards in Tenancy Tribunal application 5101308. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
Rent arrears to 24.2.25	$3,464.29		Rent arrears to 24.2.25
Filing fee reimbursement	$27.00		Filing fee reimbursement

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the landlord’s name and identifying details.
Janusz Choromanski and Sarah Choromanski owes [The landlord/s] $3,464.29 (“the debt”), as calculated in the table below
Janusz Choromanski and Sarah Choromanski must pay rent and the debt as follows: a. By one payment of $1,940.00 due on 25 February 2025, b. By weekly payments of rent and an additional amount of $200.00 for the debt. c. Payments will be every , with the first payment on Friday 28 February 2025 and continuing until the debt is paid in full .
Payments will be allocated in the following order: rent, rent arrears, and the filing fee.
If the tenant fails to pay rent and rent arrears within 2 working days of the due dates: a. The tenancy at [Tenancy address suppressed] will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately.
If the tenant fails to pay the filing fee within 2 working days of the due date, the filing fee will be payable immediately.
The application for water rates is dismissed.

Reasons

The landlord attended the hearing by phone call.
The tenants were telephoned on the phone numbers provided but the phone calls went unanswered. I am satisfied the tenants were properly served with notice of the hearing as the tenant sought an adjournment shortly before the hearing, which was declined. The hearing proceeded in their absence.
The landlord has applied for termination of the tenancy, rent arrears and refund of the bond. Conditional Termination order
The Tribunal shall terminate a tenancy where: a. on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and b. on each occasion the landlord gave the tenants written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice; and c. each notice stated how many other notices (if any) the landlord had given the tenants under this paragraph in relation to the same tenancy and 90- day period; and d. the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice. 1
In this case I find the landlord has served notices on the tenants as required in the Residential Tenancies Act 1986, (on 23/11/24, 9/12/24 and 9/12/24) and the 1 See section 55(1)(aa) Residential Tenancies Act 1986. application to the Tribunal was made within 28 days of the date of the third notice.
The tenants have not exercised their right to challenge the notices regarding the rent arrears.
The grounds set out in section 55 (1) (aa) of the RTA have been established to terminate the tenancy.
However, termination was discussed at the hearing.
The landlord assumes the tenants want to repay the debt to avoid immediate termination.
I also note the tenant emailed the Tribunal during the hearing to advise they would make the one of payment referred to at order 3. a.
With consent of the landlord and having regards to the tenant’s email submission to the Tribunal (referred to above) I am satisfied the tenant will pay the debt within the period specified in the order and is unlikely to commit any further relevant breach. I have granted a conditional termination order. 2
The conditional termination order will lapse if it is fully complied with. If the tenant breaches the order, the possession order may be enforced for 90 days from the first breach. 3 Rent arrears
The landlord has provided rent records have been provided which prove the amount owing, as ordered above. Water rates
The landlord’s claim in respect to water rates includes the fixed rate in addition to the tenant’s water usage. The landlord is to recalculate the tenant’s water rates obligations and file a fresh application if water rates are claimed. The claim for water rates is dismissed. Filing fee
Because the landlord has wholly succeeded with the claim, I must reimburse the filing fee. Suppression 2 See section 78 (3) of the RTA. 3 See section 64(4)(b) Residential Tenancies Act 1986.
The landlord sought suppression and as the application is successful, I have made an order accordingly.

Tenancy Tribunal case 5101308 — Rent arrears

At a glance

Tenancy Tribunal case 5101308 — Rent arrears

At a glance

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Dismissed claims

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions