NO RENT FROM HOUSE.

Auckland Star, Volume LXIII, Issue 27, 2 February 1932, Page 5

NO RENT FROM HOUSE.

OWNER DEFENDS RATE-CLAIM

OCCUPATION BY CARETAKER. A case of interest to ratepayers came before Mr. F. H. Levien, S.M., in the Magistrate's Court at Otahuhu yesterday" when the Papatoetoe Town Board sued Mrs. Margarett R. Brewer for £15 8/2, balance of rates on a property situated in Papatoetoe. In November, 1930, Mrs. Brewer made application to the board for relief in rates, as her property was unoccupied, but the board declined her request. She had paid half the rates, acting under legal advice, and claimed relief under the statute. Evidence was given by defendant to the effect that her property —four acres, with a dwelling—was occupied by her son for nine years, but became vacant in January, 1930. In order to protect her property from vandalism or fire she got her step-son to act as caretaker. He paid no rent, but she provided him with food and extras for his services, and in February gave him £20 wages. Counsel for the defence asked for a nonsuit, and quoted authorities in support of his contention that rates muct be due and payable when notice is issued by the local authority and that a property is actually vacant when it has no tenant and when the owner is not getting any return. On the magistrate's suggestion, both counsel agreed to submit legal argument.