A LANDLORD'S MISTAKE.

Auckland Star, Volume L, Issue 253, 24 October 1919, Page 9

A LANDLORD'S MISTAKE.

BLOCKED THE WINDOW. TO GET POSSESSION. AX IMMJAL ACT. (By Telegraph.—Special to "Star.") CHRISTCBURCH this dayT The question of a landlord's right to blodc out light and air from hU tenant's windo-ws wae the subject of an action in the Magistrate* Court to-day, when a female old age pensioner made a claim for £5 damages for trespass from a man from whom she rented two rooms. Plaintiff said she had occupied the roome for a year and ten months, and paid eight shillings a week for them. He had demanded an increased rental of 10/ a week, which she declined to pay Defendant said that he was quite within "his rights in demanding 10/. She made no effort to leave the premises, and he blocked up her windows with packing cases. She pushed <the top sash down twice and he then fastened it so ghe could not move it. The magistrate said defendant had had no right to demand increased rent unless he had spent money on improvements. A witness eaid two 'large packing cases had been placed against the window of plaintiff's sitting room, enabling only one foot of light to penetrate it, and only a portion of the ceiling was obtaining this light. The room had in consequence become Stuffy and unbearable. The cases were fastened firmly with wire running through staples, making the structure a fixture. The magistrate said If a man let two rooms to a tenant he let them with all the conveniences of light and air. Counsel submitted that the defendant could block up the windows if he so desired, that no right to light and air could be acquired by the user, and plaintiff's only remedy was to leave. A man could do what he liked in his own house. The magistrate: In this case it was not his own house. If a man enters into a contract to let two rooms to a tenant lie must abide 'by his contract. Counsel: It was his own houec outside. Defendant had no riglff to go into the rooms, 'but was quite entitled to do what he liked outside. 1 am prepared fco stand or fall on that contention. The magistrate said he considered the court competent to givo judgment. Defendant's counsel could apply ior a prohibition later on if he wished. Judgment would be for plaintiff for the amount claimed.