LANDLORD AND TENANT.

Auckland Star, Volume XLIX, Issue 126, 28 May 1918, Page 2

LANDLORD AND TENANT.

CLAIM FOR RENT AND DAMAGES. An action was commenced this morning in the Magistrate's Court before Mr. J- K. Wilson, S.M.. in which Rose M. Hannai, wife of John Henry Hannan Cilr Mossiuan). sued Montague Uarnaut, steam-launch proprietor, of Devonport (Mr. Alan Moody) for £14 0/10 for amount of rent due and alleged damages to premises. Mx Hannan gave evidence. and said the house was owned by his wife, for whom he acted as agent. When he let the house it wae in flrst-claea condition, Uarnaut left the property, which he had occupied for about two years witness found the drains smashed! panes o f glass broken, keys and handles of door* missing. Owing to defendant not vacating the premises at the time arranged for, witness lost a good tenant (the Rev. Howard Elliott). " AN ALLEGED ASSAULT. Defendant, who was trenchantly crossexamined by counsel, admitted that the house was thirty years old, that he had not painted the place for six or seven years, and that he had nude a claim against the previous tenant in respect ol miseing keys and other items mentioned m the present claim. A new tenant was in the hoiHe and witness had done nothing to the property in the way of. renovation. .Mr. Garnaut had always paid the rent promptly. When witness went to the house on one occasion with Rev. Howard Elliott, lie was assaulted by the defendant.

The witness lirst said he had arranged the rent with Mr. Klliott. but, on bein<j pressed, admitted that no definite arrangement had been made for the iimoimt oi rent. He was assured that he and Mr. Elliott would have been able to come to reasonable terms. Mr. Moody: Mr. Elliott did not Calce the placeV—Xo. Your "pall" let you flown then?—He could not in because (Jarnant would not £Pt uut of the piace. Further questioned, Mr. Hannan pleaded that he- v.as unwell. Mr. Moody: Yew. yes . a n old story ot your*, Mr. Haanan?—l guffcr from heart disease. •lust ansver the questions.-You are coniounduifr mc. Mr. Moody Continuing, witness said !,, could bring the Rev Macphemon to .hew that afte? Mr. Roe, the previous tenant leff the nnr.se was in ? ood order denie Mac l"» erE °n gire. eviv , j.-^ 0 . ,1 " n numerous oecasiona?— los, l, e did in the conspiracy ea*e Couneel: 1 euggeet that thU "place i, ana was always in very bad order?— It us

\Vitnes6 denied that any housea of his had been condemned, although Kettle S.M.. bad wanted to condemn one. but it was not done.

■I. C Spinley. plumber, Devonport ' pave evidence aa lo repairs done for Hannan. Hp admitted having received complants from Uamaut about the condition 01 the cistern, which was old. and that he had to fix th. drains juet after Garnaut took possession. Ike case is proceeding.