TENANT WINS CASE.

Auckland Star, Volume LXIX, Issue 45, 23 February 1938, Page 5

TENANT WINS CASE.

OWNER'S CLAIM FAILS. (From Our Correspondent.) HAMILTON', Tuesdav. An unusual point was raised in a case brought under the Fair Rents Act in the Hamilton Magistrate's Court to-day when Bernard Smyth (Mr. R. W. Bennett) sought the * recovery of arrears of rent and possession of a dwelling in Colombo Street. Frankton from J. C'rozier (Mr. W. J. Kin?). It was admitted by plaintiff's counsel that no notice to quit had been given to the tenant C'rozier. Plaintiff, however, relied on section 13 nf the lair Rents Act under which the grounds for the recovery of possession were that the tenant had been jruiltv of conduct that was a nuisance or an annoyance to his neighbours. Under section 12 of the Act no prior notice was iiecessa ry. It was contended for the tenant that the provisions of the Rair Rents Act did not affect the statutory obligations existing between landlord' and tenant, nor did it affect the jurisdiction of the Court in pursuance of the Magistrate's Court Act and the Property Law Act. As the proceedings were "issued under section ISO of the Magistrate's Court Act, it was necessai y for the landlord to determine the tenancv bv giving notice to quit. Counsel further contended that under section ]<i of the l'ropertv Law Act the tenancy was a monthly one and a month s notice should have been given. The magistrate. Mr. S. L. Paterson agreed with Mr. King's argument that it was necessary to give a month's notice to quit, and in consequence the application for possession was dismissed. On the claim for arrears, plaintiff was nonsuited, with costs for defendant.