TERMS OF A LEASE.

Auckland Star, Volume XLIX, Issue 128, 30 May 1918, Page 4

TERMS OF A LEASE.

NO STORM DAMAGE PROVISION.

An echo of a recent storm in Auckland was ventilated in the Magistrate's Court in a brief claim, which also illustrated the need for care on the part of lessees in binding themselves under leases of houses open to destruction by other than fire. Geo. W. Sanders, accountant (Mr. Mossman) sued Mary E. Clarke of Kohimarama, married woman, for £14 2/6, nine weeks' rent to May 16, due under an agreement to lease, and paid by monthly instalments. Formal evidence as to the lease and its terms was given, and it was admitted that the storm had washed awaw the foreshore close to the property and endangered the safety of the house, in front of which a temporary protecting wall had been erected. His Worship said that no doubt the defendant and her family were justified in vacating the place, especially if it was partially surrounded by storm water as suggested, but legally there was no relief in view of the explicitness of the lease clause, which only provided for damage by fire. His Worship was only able to give judgment for the amount claimed by plaintiff, and in doing so he sympathised -with the defendant in her misfortune. Costs were allowed. Plaintiff, it was stated, had offered to accept £10 cash in settlement.