PROTECTION OF TENANTS

Press, Volume LXXIV, Issue 22335, 24 February 1938, Page 10

PROTECTION OF TENANTS

* RENT LEGISLATION DEFENDED ATTEMPT TO PREVENT HARDSHIP MINISTER DENIES BUILDING IS DISCOURAGED (From Our Parliamentary Reporter] WELLINGTON, February 23. "The Farr Pients Act and the amendment last year have no application whatever to new houses, and cannot possibly discourage or hamper newbuilding, ’’ said the Minister for Finance (the Hon. W. Nash), in an interview to-day, whfti defending the operation of the Government’s rent legislation. Mr Nash based his comments on statements which haye appeared in the .press saying that the clause contained in the Finance Act, 3937, protecting a tenant from eviction unless suitable alternative accommodation is available is not warranted, as adequate protection already exists. “No one is more aware of the true position than the members of Parliament and Ministers, who are confronted almost daily with representations and requests from those threatened with eviction,” said Mr Nash. "The following is a recent example of a case which is typical of many.- An order to give up possession was made against a tenant of a house in a suburb of Wellington on the ground that the landlady wanted the premises fob her «nVn use. The tenant was a married man, a returned soldier receiving ah invalidity pension of £3 10s a week, out of which he had to support his wife and four children, all of whom tvere of school age. Every conceivable attempt was made to find other accommodation, the husband and wife .walking all over Wellington, in addition to. interviewing agents, answering advertisements, and applying to the State Advances 'Corporation, blit Without success.

Willingness to Leave ~ “That there was every Willingness to ihovfe, if only somewhere could be found, was indicated by the fact that all the liholefifns had been rolled up for twd months, and nearly all the family belongings had been packed. so that the house could be vacated with the least -possible, delay. , "the rent, incidentally, was fully paid tip. Will any reasonable person suggest that this family should be evicted from their home , until other accommodation is available?

“Government policy has always given due recognition to the rights which property owners possess in the disposition of their property,” said the Minister. “It was possible under the previous legislation to bbtairi possession of a rented house where it was required by the owner for his personal occupation or for his ehiployee. and that right has been modified bhly to the extent necessary to prevent hardship. Instances have occurred; Htitvever, where owners have taken advantage of their legal right to obtain possession on these grounds, hiferely for the ulterior purpose of getting rid <Sf, a tenant or df putting up the rent. It is perfectly clCar that the hardship inflicted oh ah invalid with a wife hhd four children by their fevidtion from thdir present home infill be infinitely greater thah any hardship cadsed to the oWher by their continued ofc'ctipahcy. “Mis-statement and Misunderstanding’* “There has been a great deal of fnlsExatement and fnlsuriderstaiidihg Over the, operation of the Fair Refits Act. 1936,. and the amendhierit contained in the Finance Act, 1937,” continued Mr Nash. “Throughout the legislation, protection has been restricted to the good teriaht who needs his house as a Some. It has been withheld froth, the tenant whb fails to pfiy his rent, dafiiages property, or sublets at a profit, and he has never been protected where, through bCifig unable tO obtain possession ,of his House for occupation py himself Or his employee, a landlord is suffering greater hardship than that which ah eviction would cause the tefaaht; That fact alone is sufficient ground for, a Magistrate to birder possession to be given.

“No landlord is compelled to accept an tjriduly low rent, and no tenant has Been required to pay ah urtddly high rent, both parties being entitled to have a.fair reht fixed by the GoUrt; , None df the restrictions apply to houses Which were Rot let between November 27. 1935, and JUne 11, 1936, or to hduSes that Were first let after June 11, 1936. Purpose of Legislation ■“The sole purpose of the legislation Is to prevent the kind of hardship that should never be permitted in. a civilised community—dahgbr td the’ health and welfare of men, women; and young children. The Fair Rents Act does ndt gd ohe step beyond what is essential to slop such hardship, and where there is any doubt, ample power is given to Magistrates to relieve the party Wfid is really suffering. “The conditions which must be complied with td ensure protection from eviction are—(l) The house must bd one that was let oil a rental basis before June 11, 1936; (2) the property riirist be df a loWer rental value thrin £3 a week; (3) the tenant must take reasonable crire of the property; (f» the tenant must not make a profit by »üb-letting part of the house; 15) thetenaht must not be in arrear with the rent; (6) if the premises are required bjt the awtldr for his own occupation, dr for occupation by an. employee, the tenant must give up the property if iuitrible alternative accomrilddritidn is 6r Will bd available; (7) With all IhdSe safeguards the Magistrates cari still detdrfnirte where hardship lies, and jf .it js proved to his satisfaction that,.the hardship to the .owner is greater.than the hardshio to the occupier if evicted, the Magistrate must give possession to the d wrier. Fifdng df Rent “The owner has now, and. always has had. the right tp have the fair rent fixed by agreement, or failing agreement, by a Magistrate, and this rent must be paid to, obtain protection." Mr Nash said. 'The alternatives ate turning decent pbople out df thpir hordes or protecting them Uhtil othdr houses are available.. The GdVefhrtlCht fefcogniscs the diffidultlds of young people in particular, who desire to purchase existing properties. but ridrie df thdm Would desire to start their rrierfied life by turning some other family adHft, and that is thfe,alternative Until flew houses dre available; “The Housing Construction Department is accepting tenders for new houses every day The State Advances Corporation will make loans to desirable applicants on easier terms than in any previous period in the history of the Dominion, but until more houses are available, the Government considers that families who have regularly paid their rent and who keep a property In reasonably good order should be freed, its far as is possible, frfifii fear df eviction until alternative accommodation is provided,” concluded Mr Nash.