LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXII, Issue 107, 8 May 1941, Page 21

LEGAL INQUIRY COLUMN

(By BARRISTER-AT-LAW) [Letters of inquiry will be answered every week In this column. As lar as possible they will be dealt with in the order In which they are received and replies will be Inserted with the least possible delay! H.B.—The Invalidity benefit lor a married man with a dependent wife is £104 per year reduced by £ I for every £ of the income of the man and his wife in excess of £78 per year, end also by £ 1 for every complete £10 of his liquid assets In excess of £500. A married woman is entitled to an invalidity benefit of £78 per year, reduced by £ 1 for every £ of the total income of herself and her husband in excess of £104, and also by £ 1 for every complete £10 of her liquid assets In. excess of £500. In each case the assets of one ere. deemed to be half the assets of both. FED UP.—lt Is unlikely that the eflect of the agreement that you signed was to give your tenant a six months' lease. The agreement should make provision fixing the rent for six months or for the duration of the tenancy, whichever is the less. You cannot be forced to sign any agreement, and If you are not satisfied with the rent offered you can apply to the Court to have the fair rent fixed. ANXIOUS.—The transferring of the business to ! age benefit. It is the total income of husband and wife that matters. DUM SPIRO SPBRO.-(l) You can obtain an' application form from the Social Security ! Department, and should hf»« no difficulty in filling it in. (2) So long as the total amount; in the bank to the credit of husband and wife does not exceed £ 1000. and you are otherwise eligible, you will each receive the full age benefit. R.M.—lf you are separated from your husband under a separation order or deed of separa- , you * in be el'eible for an age benefit of £26 per year. B. WAGES.—As you have given a receipt in full j ?f»r ■?£' - v , ol > e ?""°t now claim anything fur- ! ther. The fact that the receipt was signed on a Sunday or that it was not dated with the w «if.? a .£* °/ .?£ }' was unstamped, docs not alter the fact that you have received the money in full settlement of your claim A ! receipt for wages does not require a 2d stamp. ' TROUSERS —You may make your claim at any j time within six years, but for practical reasons you should make It at once if you make it at I all. As the claim Is small. It will probably : not carry solicitor's fees, so that if it is I defended it is almost certain it will cost you I more than the article is worth. In view of the evidence it is unlikely that the company i u!"t ISTtotSd VSS. i°t nce " "•***•«««« i PO -. A —There is nothing in your letter which indicates that you have any remedy a* all If you write again and explain exactly what' the nuisance is that you complain of. and what S'JSFS h& y y°o'u. SPent WM SPent On ' J »•* 1 ANXIOUS WIPE.—Your net profit from rent Is I £ / E," ~w ees - Thi3 ,s the amount that you should show in your returns, and pay tax upon. POSSESSION.—The present occupier Is entitled to one month's notice in writing requiring him to give up possession. He is not protected by the Fair Rents Act. BRASSO. —It is an offence to ride a bicycle on a footpath. If anyone is hurt by the boy riding his bicycle on the footpath the injured person has a remedy in damages against the boy's employer if the injury occurred while the boy was engaged on his employer's business. HELPMATE. —In your case the net profit from boarders will be estimated to be 3/8 per week. You and your husband together may have an income apart from the age benefit of £1 per week. The extra allowance of 5/ per week for you will, however, be probably discontinued if you make a profit from boarders. WORRIED WIDOW.—It is almost certain that the tenancy comes under the Pair Rents Act. If so, you must either find suitable alternative accommodation for your tenant or prove that the hardship on you if you are refused possession is greater than the hardship on the tenant if she is ordered to leave. You can obtain possession only through the Court You may accept the rent provided you mark the receipt "without prejudice to the notice to quit." INQUIRY.—You must obtain a license if you intend to receive patients requiring any medical treatment or nursing. The local office of the Department of Health will advise you what is ! required to enable you to obtain a license. Belinda.—A fence should be erected on the trje boundary. You should give proper notice to Jence and If no objection is made within 21 recover half of the costs from the adjoining owner. If the adjoining owner objects to the election of the fence the dispute may be settled by a magistrate. INTERESTED.—You will be liable for the excess profit tax only if your Individual Income is excessive. There are complicated rules for ascertaining what is excess profit, and it is quite possible for you and your partner to earn more than £500 per year each without being liable for excess profits tax. HARD HIT.—It is impossible to advise without full knowledge of all the relevant facts Much depends on how far the husband consented to what has bein done. I would advise the Dartv to consult his solicitor. 1