FAIR RENTS ACT

Dominion, Volume 30, Issue 192, 11 May 1937, Page 2

FAIR RENTS ACT

Combined Shop & Dwelling Defined MAGISTRATE’S OPINION A further ease concerned with the Fair Rents Act, 1936, was the subject of a judgment issued by .Mr. J. H. Luxl’ord, S.M., in the Magistrate’s Court, Wellington, yesterday. In a previous ease Mr. Luxtortl expressed the opinion that a combined shop and dwelling was not a dwellinghouse within the meaning of the Act, but in this present judgment he stated that the Fair Rents Act, 1936, applied to the ordinary combined shop and dwelling unless plaintiff could prove that the premises were used exclusively or principally for business purposes. The ease which was the subject of the judgment arose when defendant on receiving notice that the rent, would be increased claimed that the premises were a dwelling-house within the meaning of the Fair 'Rents Act, 1936. and that he was liable to pay only the basic rent until such time us the fair rent was fixed in accordance with tlie statute. Plaintiff contended that the Fair Rents Act had no application to a combined shop and dwelling, and brought proceedings to recover the difference owing because of the increased rental from, the time of his giving notice of its application. „ “The only question at prepent m issue, says the magistrate in his judgment, “is whether the premises the subject matter of the tenancy can be a dwelling-house within the moaning of the Fair Rents Act. 1936. , . , ~ “The case was argued solely on the question whether or not a combined shop and dwelling could be a dwelling-house within the Act. As I now- have answered the question in the affirmative. I will adjourn the further hearing of this case in order to try the issue whether or not the premises t'ie subject matter of this action are used exclusively or principally for business pnrnoses. That will be a question of fact.”