LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXII, Issue 119, 22 May 1941, Page 16

LEGAL INQUIRY COLUMN

(By BABRISTER-AT-LAW )

fLetters of Inquiry will be answered every week Jn this column. As far 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.! IMPOSED UPON—If your property is subleet to the Fair Rents Act you have no remedy unless It was a term of the tenancy that the are being used. If the Fair' Rent Act does not apply, you may Rive your tenant one month's notice in writing to quit, and let the place to a new tenant or to the same tenant with new conditions. There is little doubt that the Fair Bent Act applies. DRGENT—You cannot have the work done and deduct the cost from the rent. Under the Health Act. however, your landlord is obliited to provide an adequate and convenient supolv of wholesome water to the inmates of the dwelling. If you complain to your local heallh or sanitary inspector at the council office, it is probable that steps will be taken to require your landlord to repair the water pipes to Rive you adequate water. S.A.G.—Your letter does not disclose sufficient information to enable me to Klve you a satisfactory reply. If you vrttc acain and Inform concerns you. and what, it is that you arc asked to accept responsibility for. I may be able to help you. C.E.B.—The cost of transferrins depends on the value of the property to be transferred. Stamp duty is assessed at 11/ for every £50 of the price. The cost falle on the purchaser. POSITION—If the house is not within the scope of the Fair Bents Act. you may obtain possession by giving the tenant proper notice to quit and suing for possession. The Fair Rents Act will not apply if the house was not let. at an" time between Nevembcr 27. 1935. and June 11. 1936. If the house is within the scope of the Fair Rent* Act you can obtain possession only If you can prove that, the premises are reasonably required by you for demolition of reconstruction, and that suitable alternative accommodation is available for the tenant. V.P.— Strictly the whole of the money is Income recetved during the past income year. You should, however, write to the Commissioner of Taxes, and explain your circumstances, ond the reason why payment was made in one year, and he will probably be willinK to apportion the amount over a period of years, and levy tax accordinely. PUZZLED—You may deduct onlv the cost of renovations, but not the cost of improvements or of converting the building for the purpose of letting. Thus, the cost of addition of a room, such as an extra kitchenette, cannot be deducted, but. the cost of renovation of a kitchenette previously in the building could be deducted.

or of converting the building for the purpose of letting. Thus, the cost of addition of n room, such as an extra kitchenette, cannot be deducted, but. the cost of renovation of a kitchenette previously in the building could be deducted. GOI DIE—A workman who has performed work or repairs on an article such as a watch Is entitled subject to certain conditions to sell it if Hie account lor rcpmrs is not paitl. If the conditions have not been complied with, the workman will be liable for damaecs to the owner. He will be entitled to counterclaim for the cost of the work done. WAGES—Vour wife should fill in a declaration of income other than salary or vaces. and show in it the amount of her net income from her business, and pay tax at the rate of 2/ in the £ on the net income. INTERESTED—Both the husband and wife appear to be entitled to the full age benefit. FAIR DEAL—Trustees who receive income which is not Immediately payable to the beneficiaries are taxed on that income. The deductions in your case have accordingly been properly made. H.L.S. —If your total income from all sources including rent exceeds £200 per year, you must fill in a return ot income and forward it to the Commissioner of Taxes. Whatever the amount of your income you must fill in a declaration of income other than salary or wages, and in It show your net income from rent, and hand it in to a post office, and pay tax at the rate of 2/ in the £. Your net income from rent is the total amount received less what you have paid for rates. cent depreciation on the cost of the building to you. IGNORANT OP THE LAW—You should apply to the person who took your keys, or to the department in which he is employed. Your letter does not disclose under what authority or for what reasons yojr premises were closed, and therefore I am not able to ndvise whether you are entitled to anv cornbeen lawfully done" PUZZLED—Sick pay received from a registered Friendly Society is not liable ior social security tax.