LEGAL INQUIRY COLUMN

Auckland Star, Volume LXXV, Issue 40, 17 February 1944, Page 3

LEGAL INQUIRY COLUMN

ANXIOUS.—You cannot put the tenant's furniture out. If you want possession you must sue in the Court and prove the proper grounds. E.T. —The owner cannot obtain possession unless he takes proceedings in the Court, and the magistrate, after hearing both sides, makes an order for possession. The Court will not make an order against you unless it is satisfied that suitable alternative accommodation is available for you. TAURANGA.—UnIess there is evidence to the contrary, the money saved by you out of your husband's income allowed you for housekeeping belongs to your husband. Moneys you earn by your own efforts, as, for instance, by keeping boarders, is your own. INQUIRING. —You should advertise for the owner. If you cannot find him, you will probably have to sue him for the rent, obtaining leave to have the summons served by advertisement. Having got judgment for the rent, you may have the furniture sold under a distress warrant for payment of the judgment. FENCE. —If your notice to fence was in order and properly served, and if the reply you have received from the solicitor is not an objection or cross-notice, you may proceed to erect the fence and recover half the cost from the owner. If the reply is an objection, your remedy is to apply to the Court to settle the dispute. A fencing notice should be served on the party concerned himself. WONDERING.—The father is not obliged to take the children into his own home. You must remember, however, that if his former wife can show she can supply a suitable home for the children, he may be deprived of their custody. PUZZLED. —Unless you are perfectly satisfied with ' the proposed arrangement you should insist on the property being held in equal shares so that the whole property would not descend to the survivor. Your benefit will not be affected unless the net income from the property exceeds £52 per year. J.G.J.—I. The tenant is entitled only to so much of the premises as was let to him. If there was no mention of the use of any of the ground at the time of letting, but the tenant has in fact had the use of any ground, that will be evidence that he was to have the use of the ground. 2. There is no effective remedy, unless the damage is substantial enough to warrant suing. IRISH.—You have no claim against the Department for failing to defend the case. The magistrate would obviously satisfy himself that the claim was correct and that there had been an error in the rent book. So long as you are able to prove that the terms of the tenancy were that the landlord would call for the rent and you also prove that when he so called in the past the rent has been regularly available for him. you cannot be obliged to attend at the landlord's house to pay the rent. Nevertheless, the landlord may sue for the rent, and you will then have to pay it into Court, and attend to prove the above facts so that no costs will be awarded against you. As a sensible man, you will probably realise that it is easier to post the rent to the landlord. STUNG.—If judgment has already been entered up for the costs it is too late to object to the item. If the costs have not yet been settled, you might fairly object to this item. COLONIST. —The Court must determine the relative hardship on you and the tenant, and base his decision accordingly. M.T.C. —You may earn up to £ 134 10/ per year, and still receive the full benefit. I