THE LANDLORD LOSES.

Auckland Star, Volume LVII, Issue 134, 8 June 1926, Page 10

THE LANDLORD LOSES.

HANNAN V. DENVER CASE.. „

SOME UNSATISFACTORY FEATURES

All day yesterday Mr. E. C. Cutten, S.M., was occupied in hearing a claim brought by John Henry Hannan, gentleman, of Remuera, for £1 7/6 for one week's rent of a house in France Street, against a painter, Henry Edward Denver. There was also a counter-claim for the return of one week's rent and 6/ paid to Hannan by the tenant as stamp duty on an agreement. After the luncheon adjournment yesterday Mr. Allan Moody, for Denyer, in stating what the defence would be, said that he did not propose to waste any sympathy on Hannan. Mrs. Denyer, when she called upon Hannan at his house in Remuera and agreed to rent the France Street house, had not inspected it. She was told by Hannan that it was in good order, and, agreeing to take it, she paid one weeks-rent in advance and 6/ as stamp duty. The same day as she got the key and inspected the house she found that it was in 'a filthy condition and immediately wrote to Hannan to that effect. She went to ■Hannan'6 house the next day to "see him, but he was not in when she called. .Subsequently Mrs. Denyer demanded tße return of the one week's rent paid, alga the stamp duty. . -. -, — Xi *** .Mrs. Denyer gave evidence confirming what counsel had said. She added that none of the windows of the house would open —they were all nailed, up. , There were broken bottles, rubbish, old beds, etc., in the rooms. The house was not what Hannan represented it to 'be and not fit for habitation.

Mr. Hannan, in cross-examining Mrs. Denyer, asked whether she had had trouble with her husband, but the magistrate told complainant that the question had nothing to do with the case. Mr. Hannan: Well, your Worship gave the other fellow (meaning Mr. Moody) tremendous latitude in insulting mc thie morning Mr. Cutten: You must not comment on what I did. Mr. Hannan (to witness): Why did you not return the key to mc, as you agreed to do when you signed the agreement? —I returned It to the house where I got it from in Fleet Street. After Denyer had given evidence, Mr. Hannan asked the magistrate if he would inspect the house. Mr. Cutten: No, I'm certainly not going to do that, Mr. Hannan. It ii some time now since the house wa§ Stated to be in a dirty condition. At Hannan's request Mr. Cutten agreed to a 20-minutes' adjourment to enable plaintiff to bring a witness who -would state that Mrs. Denyer did not return the key until May 20. Mrs. Mary Ann Pitcaithly, a tenant of Hannan's, on being called, said that Mrs, Denyer did not return the key to her until May 20.

With the permission of the magistrate, Hannan was allowed to make some observations on the case. "I submit," he stated, "that there is not a tittle of evidence to show that this house of mine was not fit for habitation. I have established my case by evidence, by law and usage, and I claim a verdkt." In giving his decision, Mr. Cutten said that Hannan had told Mrs. Denyer that the house had just been painted and repapered and was in good condition. Mrs. Denyer and her husband had found it in a dirty condition and unfit for occupation, and the same day wrote a letter-card to Hannan telling him of the state of the house. She also went to see Hannan the following day, but he was not at home. That was "a clear indication of the termination of the lease and was really a week's notice. "Hannan said that he did not get the letter-card for some days afterwards, but there was * strong suspicion that this was untrue to his knowledge. Hannan did not want to produce the letter-card when asked for it by Mr. Moody," continued Mr. Cutten. "There were several unsatisfactory features about the case. It was quite" clear that the house was in bad condition, and plaintiff could not succeed. Mrs. Denyer relied on Hannan's description of the house, ana, umler the circumstances, she was entitled to her money back. Judgment would be for Mrs. Denyer on the claim and also on the counter-claim, with costs. Mr. Hannan: Does your Worship hold that a person can hold the keys of a house so that the landlord cannot either get possession of it or get the rent from the tenant? i Mr. Cutten: That is not a relevant I fact, Mr. Hannan. Anyway, you have my decision. Mr. Hannan: Will your Worship state a case for appeal? Mr. Cutten: I cannot advise you on that at all. That is for you to make arrangements in the proper quarters.