What was Tenancy Tribunal case 5439542 about?

The tribunal order states: By way of declaration, the landlord Mission Property Management Limited

How much money was awarded in case 5439542?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5439542?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 5439542?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13351069-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5439542 about?

The tribunal order states: By way of declaration, the landlord Mission Property Management Limited

How much money was awarded in case 5439542?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5439542?

The primary dispute was Unit Titles.

Where can I read the official tribunal order for case 5439542?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13351069-Tribunal_Order_Redacted.pdf.

141 Hendon Avenue, Mount Albert, Auckland 1025 Tenancy Tribunal Case 5439542 — Unit Titles

Order

By way of declaration, the landlord Mission Property Management Limited must forward dividends received from Entrust Majority Shareholder of Vector in respect of 141A Hendon Avenue, Mount Albert, Auckland 1025 to the tenant F immediately.
The dividends received from Entrust Majority Shareholder of Vector in respect of 141 and 141A Hendon Avenue, Mount Albert, Auckland 1025 must be returned to the respective tenants based on the usage of electricity of both properties over the financial year in question.
In the event the parties cannot reach a mutual resolution of the division of dividends for 141 and 141A Hendon Avenue between themselves, they can request a further hearing to be scheduled before me.

Reasons

Both parties attended the hearing. The landlord is represented by the property manager Amelia.
F the tenant of 141A Hendon Avenue, Mount Albert has sought an order that he is entitled to the annual electricity dividends paid by Entrust Majority Shareholder of Vector (‘Entrust’) in respect of 141A Hendon Avenue, Mount Albert.
The tenant pays $280.00 weekly rent for 141A Hendon Avenue, Mount Albert. The tenant’s rent does not include power.
The tenant pays electricity charges at a rate nominated by the landlord based on the separate check meter between 141 and 141A Hendon Avenue, Mount Albert which the landlord on-charge the respective tenants.
The tenant F explains the situation in the following manner: “The issue is regarding the yearly Vector dividend given to Auckland households. The property in question is 141 and 141a. 141 is the bigger house in front. 141a is the smaller house at the back. The reason this application is for both property is because there is only 1 power account for both property under the name of the landlord/property management. 141 has its own sub power meter. 141a has its own sub power meter. Every month we get billed by Mission Property Management separately. My name is F and I live in 141a. S and her family live in the bigger house in front. S has given me permission so I am representing both 141a and 141. I have lived here since 2016. S is a more recent tenant. Mission Property took over the management of the property around 2017. The property manager's name is Mead Wang and she was the property manager till 2024 when Amelia took over. I have spoken to Mead regarding the vector dividend in 2018. We agreed that the dividend will be refunded to me and the tenants of 141 yearly. This has been happening from 2017 to 2023. Amelia took over the property and refused to give us the 2024 and 2025 dividend. At first she said she will give us the dividend if we can provide the date of when the dividend was given out and which Mission Property bank account it went into. I rang up Vector and got the information and gave it to Amelia. But she changed her story saying that the refund goes to the landlord. I rang up the landlord and spoke to Adela (landlord). Adela agreed that the dividend should be given to us the tenants. She instructed Mission Property to sort this matter asap. But Mission Property has refused the landlord's instruction. The excuse they told me that the power account is under their name and they have no obligation to give it to us the tenants. I told Amelia that Mead and I had an on going agreement for years. She still refused to give us the dividend.”
Amelia states that the electricity account and power bill is in property management company Mission Property Management Limited’s name. While Amelia believes that the benefit of dividends from Entrust should ultimately go to the landlord/owner of the properties, Amelia is happy for the Tenancy Tribunal to decide the tenant’s claim as an independent “third party” to the dispute.
I find that Entrust dividends must ultimately be returned to the customer and utility payer of Entrust, ie., the tenants.
Both tenants of 141 and 141A Hendon Avenue, Mount Albert pay monthly electricity charges over and above their weekly rent.
The rent paid to the landlord does not include electricity charges. The tenants pay separate electricity charges to the property management company after receipt of the electricity bill from the power company.
Every year, Entrust declares a power rebate by way of dividend to their customers; Entrust pays their customers dividends. Prima facie, their customers mean the person or organisation named in the power account.
The power account for 141 and 141A Hendon Avenue, Mount Albert is held in the name of the landlord’s property manager Mission Property Management Limited.
There is no doubt that the property management company is not entitled to keep the dividends themselves. Mission Property Management Limited either hold the dividends on trust for the landlord/owner or the tenant.
As to whether the dividends should then be paid to the landlord/owner or the tenant, the issue hinges on who ultimately pays the electricity charges and who is the customer of the electricity usage. That person is the ultimate beneficiary of the power account. After all, they pay power charges and they are Entrust’s actual customers.
Here, the rent paid by the tenant does not include electricity. The tenant pays for electricity separately and in addition to rent. The tenant is therefore the customer and payer of the electricity usage, and ultimate beneficiary of the power rebate in question.
The Entrust website at https://www.entrustnz.co.nz/entrust-dividend/who- qualifies/ states: The dividend is paid to the person/s named on the power bill.... The person or organisation (such as a body corporate, energy broker, letting agency or landlord) named on the power bill will have received the dividend. This includes rental agencies and energy.... Please note that the dividend IS paid to customers in these buildings who do have power bills in their own name from electricity retailers such as Contact, Electric Kiwi, Frank Energy, Genesis, Mercury, Meridian, Powershop or Pulse. But if your electricity is included in your rent or management costs you may not be eligible and the person or organisation who pays the power bill for you may receive the dividend.
Conversely therefore, if the electricity is not included in the rent or management costs, the tenant will then be eligible to receive the dividend and the person or organisation, ie., the tenant, who pays the power bill receives the dividend.
For the above reasons, I find in favour of the tenant and order by way of declaration that the landlord Mission Property Management Limited must forward dividends received from Entrust in respect of 141A Hendon Avenue, Mount Albert, Auckland 1025 to the tenant.
As for the division of the dividends between 141 and 141A Hendon Avenue, Mount Albert, Auckland 1025, it is only fair that their shares are based on the usage of electricity of both properties for the year in question so that the greater electricity user will receive a greater share when compared to the lesser user, and vice versa.
The parties should be able to work out the respective calculations of rebate between themselves based on the above principle.
In the event the parties cannot reach a mutual resolution of the division of dividends between themselves, they can request a further hearing to be scheduled before me.

Order

By way of declaration, the landlord Mission Property Management Limited must forward dividends received from Entrust Majority Shareholder of Vector in respect of 141A Hendon Avenue, Mount Albert, Auckland 1025 to the tenant F immediately.
The dividends received from Entrust Majority Shareholder of Vector in respect of 141 and 141A Hendon Avenue, Mount Albert, Auckland 1025 must be returned to the respective tenants based on the usage of electricity of both properties over the financial year in question.
In the event the parties cannot reach a mutual resolution of the division of dividends for 141 and 141A Hendon Avenue between themselves, they can request a further hearing to be scheduled before me.

Reasons

Both parties attended the hearing. The landlord is represented by the property manager Amelia.
F the tenant of 141A Hendon Avenue, Mount Albert has sought an order that he is entitled to the annual electricity dividends paid by Entrust Majority Shareholder of Vector (‘Entrust’) in respect of 141A Hendon Avenue, Mount Albert.
The tenant pays $280.00 weekly rent for 141A Hendon Avenue, Mount Albert. The tenant’s rent does not include power.
The tenant pays electricity charges at a rate nominated by the landlord based on the separate check meter between 141 and 141A Hendon Avenue, Mount Albert which the landlord on-charge the respective tenants.
The tenant F explains the situation in the following manner: “The issue is regarding the yearly Vector dividend given to Auckland households. The property in question is 141 and 141a. 141 is the bigger house in front. 141a is the smaller house at the back. The reason this application is for both property is because there is only 1 power account for both property under the name of the landlord/property management. 141 has its own sub power meter. 141a has its own sub power meter. Every month we get billed by Mission Property Management separately. My name is F and I live in 141a. S and her family live in the bigger house in front. S has given me permission so I am representing both 141a and 141. I have lived here since 2016. S is a more recent tenant. Mission Property took over the management of the property around 2017. The property manager's name is Mead Wang and she was the property manager till 2024 when Amelia took over. I have spoken to Mead regarding the vector dividend in 2018. We agreed that the dividend will be refunded to me and the tenants of 141 yearly. This has been happening from 2017 to 2023. Amelia took over the property and refused to give us the 2024 and 2025 dividend. At first she said she will give us the dividend if we can provide the date of when the dividend was given out and which Mission Property bank account it went into. I rang up Vector and got the information and gave it to Amelia. But she changed her story saying that the refund goes to the landlord. I rang up the landlord and spoke to Adela (landlord). Adela agreed that the dividend should be given to us the tenants. She instructed Mission Property to sort this matter asap. But Mission Property has refused the landlord's instruction. The excuse they told me that the power account is under their name and they have no obligation to give it to us the tenants. I told Amelia that Mead and I had an on going agreement for years. She still refused to give us the dividend.”
Amelia states that the electricity account and power bill is in property management company Mission Property Management Limited’s name. While Amelia believes that the benefit of dividends from Entrust should ultimately go to the landlord/owner of the properties, Amelia is happy for the Tenancy Tribunal to decide the tenant’s claim as an independent “third party” to the dispute.
I find that Entrust dividends must ultimately be returned to the customer and utility payer of Entrust, ie., the tenants.
Both tenants of 141 and 141A Hendon Avenue, Mount Albert pay monthly electricity charges over and above their weekly rent.
The rent paid to the landlord does not include electricity charges. The tenants pay separate electricity charges to the property management company after receipt of the electricity bill from the power company.
Every year, Entrust declares a power rebate by way of dividend to their customers; Entrust pays their customers dividends. Prima facie, their customers mean the person or organisation named in the power account.
The power account for 141 and 141A Hendon Avenue, Mount Albert is held in the name of the landlord’s property manager Mission Property Management Limited.
There is no doubt that the property management company is not entitled to keep the dividends themselves. Mission Property Management Limited either hold the dividends on trust for the landlord/owner or the tenant.
As to whether the dividends should then be paid to the landlord/owner or the tenant, the issue hinges on who ultimately pays the electricity charges and who is the customer of the electricity usage. That person is the ultimate beneficiary of the power account. After all, they pay power charges and they are Entrust’s actual customers.
Here, the rent paid by the tenant does not include electricity. The tenant pays for electricity separately and in addition to rent. The tenant is therefore the customer and payer of the electricity usage, and ultimate beneficiary of the power rebate in question.
The Entrust website at https://www.entrustnz.co.nz/entrust-dividend/who- qualifies/ states: The dividend is paid to the person/s named on the power bill.... The person or organisation (such as a body corporate, energy broker, letting agency or landlord) named on the power bill will have received the dividend. This includes rental agencies and energy.... Please note that the dividend IS paid to customers in these buildings who do have power bills in their own name from electricity retailers such as Contact, Electric Kiwi, Frank Energy, Genesis, Mercury, Meridian, Powershop or Pulse. But if your electricity is included in your rent or management costs you may not be eligible and the person or organisation who pays the power bill for you may receive the dividend.
Conversely therefore, if the electricity is not included in the rent or management costs, the tenant will then be eligible to receive the dividend and the person or organisation, ie., the tenant, who pays the power bill receives the dividend.
For the above reasons, I find in favour of the tenant and order by way of declaration that the landlord Mission Property Management Limited must forward dividends received from Entrust in respect of 141A Hendon Avenue, Mount Albert, Auckland 1025 to the tenant.
As for the division of the dividends between 141 and 141A Hendon Avenue, Mount Albert, Auckland 1025, it is only fair that their shares are based on the usage of electricity of both properties for the year in question so that the greater electricity user will receive a greater share when compared to the lesser user, and vice versa.
The parties should be able to work out the respective calculations of rebate between themselves based on the above principle.
In the event the parties cannot reach a mutual resolution of the division of dividends between themselves, they can request a further hearing to be scheduled before me.

Tenancy Tribunal case 5439542 — Unit Titles at 141 Hendon Avenue, Mount Albert, Auckland 1025

At a glance

Tenancy Tribunal case 5439542 — Unit Titles at 141 Hendon Avenue, Mount Albert, Auckland 1025

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions