POSSESSION OF HOUSE GRANTED

Dominion, Volume 31, Issue 159, 1 April 1938, Page 2

POSSESSION OF HOUSE GRANTED

Order In Favour Of Owner Bv Telegraph—Press Association. Blenheim, March 31. "In my opinion the Act does not require a landlord to show that there is available to a tenant another dwellinghouse in just as convenient a locality for the tenant as that in which he is residing,” said Mr. T. E. Maunsell, S.M., in a reserved decision in a case in which Eva May Nicholls, spinster, 1 Blenheim, sought to recover possession of a house occupied by George Henry Eugene Hills; commercial traveller, Blenheim. "Were this so, the landlord’s position would l>e practically hopeless, specially in the large Centres,” the magistrate added. "The object of the Act is to prevent people who do not own a home from being deprived of a home substantially reasonable and suitable to their needs. Tenants must hot be fastidious.” The facts disclosed were that plaintiff purchased the house for her own use. Hills declined to vacate it until a suitable, similar house was found for him. An offer was made by plaintiff’s brother of a house half a mile over the borough boundary, but, after Inspection, Hills raised objections regarding its size and rent.' These were largely met and the dispute finally centred on the question of the location, which was not so handy to town. The magistrate remarked that there was no reason why plaintiff should not let portion of the house not required by herself. In his judgment there would be no real hardship on defendant if an order was made for possession; rather, there would bo hardship on plaintiff if she was refused an order, as she was living in small rooms and had to depend on the kindness of neighbours. An order was made accordingly.