LANDLORD'S TRESPASS.

Auckland Star, Volume LXIII, Issue 194, 17 August 1932, Page 10

LANDLORD'S TRESPASS.

INSPECTION OF RESIDENCE. CALLED AT UNREASONABLE HOUR. NOVEL POINT AT GISBORNE. (By Telegraph.—Own Correspondent.) GISBORNE, this day. A novel point was raised in a Court case which was heard before Mr. P. H. Harper, S.M., yesterday, when a claim was made for trespass based primarily on the contention that the hour at which the owner of a house visited the property with a builder to make an examination was unreasonable. The landlord claimed for £1 17/0 rent owing, which was admitted, and the tenants claimed £5 damages for trespass. The tenant having complained about the house, plaintiff and a builder proceeded, between eight and nine o'clock in the morning, to test the structure, disregarding the tenants' complaint that the hour was unsuitable and that their presence was not welcome at that time. After hearing the evidence the magistrate held that the hour of the visit was unreasonable in the circumstances, and that the tenants were' entitled to resist inspection of the premises and to seek damages for trespass. Plaintiff obtained judg-meut for rent due, but was ordered to pay £2 damages for trespass, with costs 28/.