LANDLORD AND TENANT

Press, Volume LV, Issue 16547, 12 June 1919, Page 6

LANDLORD AND TENANT

AN IMPORTANT POINT. (SPECIAL TO "'RE PRESS.") TIMART7, June 11. At the Magistrate's Court to-day, Mr V. G. Day S.M., non-suited a plaintiff who sought to eject a tenant from his house. The plaintiff sold the house about five months ago, .and has since been endeavouring to get possession of it in order to hand it over to the buyor. Houses are very difficult to get in Timaru just now, and the tenant claimed the right to remain in possession so long as ho paid his rent because, under the war regulations of last session, the owner of a house can only eject a tenant if he wants the house for his own use, or the person to whom he sells wants it for his own use. In the event of a sale, the war regulations say that the transfer must be effected within i one month of the day of the sale, and in the case before the Court no transfer had gone through, the buyer having bought on terms. Counsel for plaintiff contended that the word "transfer" in the war regulations meant transfer of possession, while counsel for the defendant argued that it mennt transfer of the legal title. The Magistrate supported the latter view, and remarked that so far as ho was aware, this was the first case of its which had been before the Court in New Zealand, and he said the point would no doubt be eventually tested in the Supreme Court.