A TENANT'S CLAIM

Evening Post, Volume CXIII, Issue 55, 7 March 1927, Page 6

A TENANT'S CLAIM

WRONGFUL EVICITON ALLEGED

An eviction case with some unusual features was heard before Mr. E. Page, S.M., at the Magistrate's Cpu- 1 on Thursday and Saturday last, when Sydney Charles Tennyson, of Wellington, Defence Department employee (Mr. W. E. Leicester), proceeded against Samuel K. Murray, of Wellington, builder (Messrs. P. S.-K.iaacassey and. J. A. : Scott), for damages for wrongful ejectment. • ■ ■'"■'•

Plaintiff stated that in October, 1926, he took a tenancy of a dwelling-house and premises at 158, Molesworth street, from Murray at &2 10s -weekly. Shortly after ho entered into possession ,the defendant informed him that, ho would he demolishing part of the building in order to build t..d shops and flats overhead, and the plaintiff agreed to give up one room for a reduction of 10s in his rent. Further demolition occurred, and the plaintiff consented to vacate another room, tho rental boing cut down to !*?.l 10s a wick. In' November Murray agreed to allow tho plaintiff and his family to livo, rent. froo if ho would take ono bedroom and the kitchen and conveniences, and quit the rest of tho house. Plaintiff contended that he was to live undisturbed;in this sniall spaco, and tho defendant wag to hasten the croetion of ono of tlio flats, which Tennyson was to occupy as soon as it was ready; but after this arrangement was made, tho defendant removed the caliphont and left tho bath exposed in tho yard, took down two walls in the kitchen, which the plainti.it was to board up, took off tho roof and put on a temporary, ono which leaked, and dug a trcncji through tho kitchen, so that tho premises became uninhabitable, and the plaintiff and his family had to move.' Tho clefonce was that the plaintiff knew the whole building was about to bj demolished, and ho took tho accommodation given him rent free, subject to noeessary structural alterations being made. Tho work done by tho defendant which disturbed tho enjoyment of the plaintiff in the premises was necessary to tho construction of the flat which ho and his family wero to occupy. ,

The Magistrate, after hearing tho ovidonee of a largo number of witnesses held that tho plaintiff knew that the dwelling-house was to be demolished but tho defendant had entered into an agreement to give him a cortain portion of tho house until' tho flat was ready, „nd that, agreement, had been b-oken. Murray Bad made no effort to make the plaintiff comfortable, and had put tho plaintiff to a great deal of unnecessary annoyance anl inconvenience. The plaintiff in his opinion was entitled to damages, and the sum of £25, together with' £10 15s for costs was awarded. '