Darryn Bennett took legal action forcing sister Kim O’Meara out of their late father’s Auckland property where she had been living rent free, refusing to shift.
The two are joint executors of their late father’s estate which includes a property in Regent Street, Papatoetoe. Their father died in July 2020. They share his estate equally.
The High Court was told Kim had been living at Regent Street since about 2000, paying rent. After her father died, she stopped paying rent and refused to move, with his estate left to pay rates and insurance. Negotiations for her departure to enable sale of Regent Street got nowhere. Ms O’Meara said covid-19 lockdowns and personal issues prevented any move.
In July 2022, she was given formal notice to vacate. This was ignored.
Months later, a court order to vacate the property within five working days was issued by Justice Gault. Ms O’Meara was not entitled to stay, he said. She had no rights under the Residential Tenancies Act; there was no tenancy agreement and any consent to occupy granted by her late father came to an end on his death.
Bennett v. O’Meara - High Court (19.12.22)
23.113