LIVING IN COWSHED.

Auckland Star, Volume LXIV, Issue 257, 31 October 1933, Page 9

LIVING IN COWSHED.

TENANT CAUSES TROUBLE. MAGISTRATE'S COMMENT. Comment on the position in which owners of rural properties may find themselves through the action of their tenants was made by Mr. F. H. Levien, S.M., in Otahuhu Police Court yester-day^-when the owner of land used for market gardening was proceeded against by the Manukau County Council. He was charged with having let for occupation, or permitted to be- let, premises unfit for habitation. The inspector, Mr. "VT. Murray, said he had ascertained that defendant's property was occupied by a Chinese for market gardening. There was no house, and the tenant was using part ;of a cowshed as a dwelling. Xotice had been given to defendant and his agent, but the position had not been remedied. Counsel for defendant admitted the facts, but said there were peculiar circumstances. Defendant had let the property under a proper lease, which provided that the lessee would be permitted to erect at hie own cost, and remove same as he chose, a cottage or residence in comformity with the by-laws, \fter taking occupation.the tenant, a. Chinese, had taken up his abode in part of the cowshed. Efforts had been made by the defendant to fa ate., him to move from the shed, but as the tenant was complying otherwise with the terms of hi* leasi nothing could bo done. '•■ . Mr. LevieVi asked the inspector if there was no by-law under which the occupier could be prosecuted. Mr. Murray said the only alternative was to serve notice and later seek a demolition order. "I find it impossible to enter a conviction in such'a case," said Mr. Levien. He said owners were in danger of being held reepousible for the actions of their tenants, which they could not be expected to control. Once a, tenant had occupation of a property and- met his obligations to his landlord he could turn any buildings to any use he chose. That being so, a tenant- should be made to answer for any breaches of by-laws. "If this position were allowed and owners convicted," he eaid, "no one would be safe to let any land that; had a few pieces of timber knocked together. Tenants might use any old shed for all sorts of purposes outside the'by-laws." At the request of the inspector the information was withdrawn.