Bryan McGinty was found dead in his council flat in Manurewa on June 24. Photo / Supplied
Bryan McGinty was found dead in his council flat in Manurewa on June 24. Photo / Supplied
The company that manages Auckland's pensioner housing has obtained a court order to dispose of the property of a man who died in his flat and wasn't found for five days.
The Tenancy Tribunal has issued the order allowing Haumaru Housing to dispose of the property of the late Bryan Keith McGinty, after delivering any personal documents found in his flat to the nearest police station.
McGinty, 73, died of hypothermia in his flat at Leabank Court in Manurewa after apparently falling in his bathroom up to five days before his body was found on June 24.
A community manager from Haumaru Housing assigned to visit elderly tenants at the flats said she visited McGinty on Friday, June 21 and he "appeared well".
But GPS data analysed during the investigation into the months leading up to his death showed the last visit to Leabank Court was on June 19. It was unclear whether that was to McGinty's flat.
A Tenancy Tribunal order dated September 24 says Haumaru Housing sought a possession order for McGinty's flat because it was "unable to serve the relevant notices" on McGinty's next of kin.
"Only the landlord attended the hearing," the tribunal said.
"The tenant Mr McGinty was found deceased on June 24, 2019. The landlord submits that the rent is in credit of $521.36 as at that date.
"The landlord was unable to serve the relevant notices under section 50A of the Residential Tenancies Act 1986 ('the Act') to the late tenant's next of kin or personal representative. The landlord accordingly seeks an order for possession under section 50A(d) of the Act.
"Possession is hereby granted to the landlord immediately.
"The landlord has applied for the disposal of goods left at the premises at the end of the tenancy.
"The landlord is unable to agree with the tenant's next of kin or personal representative on a period for them to collect the goods.
"It is not practicable for the landlord to return the goods in the circumstances. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods."
Bryan McGinty's flat in Leabank Court, where his body was found on June 24. Photo / Dean Purcell
The tribunal also ordered Haumaru to pay the rent credit of $521.36 to McGinty's estate and to take any personal documents left in the flat to the nearest police station and obtain a receipt for them.
McGinty's only child, a daughter who lives in Napier, said she actually collected "everything of sentimental value" from her father's flat in the days after his body was found, and told Haumaru that they could dispose of the rest.
"There was a perfectly good washing machine in there. I said keep it for the next tenant," she said.
She said she did not sign forms that Haumaru sent to her later because a leaving notice had to be signed by the tenant, a receipt for abandoned goods did not actually list the goods, and a permission to dispose of goods was unnecessary because the landlord had the legal power to dispose of them anyway.
McGinty's legal next-of-kin was one of his sisters who lives in Auckland, but the daughter said she had not spoken to her aunts since returning to Napier a few days after the body was found.
Manurewa ward councillor Daniel Newman (right), with his council running mate Angela Dalton, exposed Bryan McGinty's lonely death at Leabank Court, above. Photo / Dean Purcell
Manurewa ward councillor Daniel Newman, who originally told the Herald about McGinty's death, said Haumaru should have made extra efforts to contact McGinty's next of kin in the circumstances, but seemed to have gone instead to the tribunal.
"This would have been a case where you could get senior management in to say, 'How can we help, how can we assist the family in whatever way we can?'" he said.
"Once again this is Haumaru just being a totally heartless organisation."
Haumaru Housing chief executive Gabby Clezy will answer questions in writing tomorrow. Photo / Supplied
Haumaru chief executive Gabby Clezy said she would answer questions in writing tomorrow.
Haumaru Housing's owners are Auckland Council (49 per cent) and the Selwyn Foundation (51 per cent).
The company was set up to manage the council's 1400 pensioner flats in 2016 because the National Government allowed private and charitable companies, but not councils, to get state subsidies for social housing. The current Labour-led Government has continued the policy.
