UNUSUAL TENANCY CASE

Evening Star, Issue 25472, 1 May 1945, Page 6

UNUSUAL TENANCY CASE

SUB-LETTING OF HOUSE SISTER SUES BROTHER " The peculiar feature about this case is that the tenant has not paid a penny to his sister for the rent ot the house, although he has been drawing between £ll and £l2 a week from sub-tenants occupying it," said Mr G. M. Lloyd during the hearing of a tenancy case in the Magistrate's Court to-day involving a claim for possession of a house at 22 Royal Terrace, by Lilian Summers Bain; widow, of Greymouth, from her brother, John Morrison, a retired hotclkeeper, of Dunedin. The plaintiff, who was represented by Mr G. M. Lloyd, withdrew a claim for £133 as rent alleged to be owing to her by Morrison, who conducted his own case.

Outlining the facts of the case, Mr Lloyd said that the house, which formerly belonged to the late Mr Richard Hudson, was rented by the defendant from his sister on October 6, 1944, at a weekly rental of £4 15s.' and he sub-let apartments to nine tenants. Mrs Bain had decided to sell the property, Morrison acting as her agent. The sale was fixed for last December, but for some reason it was not completed, and in January of this year the plaintiff shifted her authority to a land agent, and a* sale was completed, the purchaser being Mrs W. J. Boddy. When Morrison was served with a notice to quit the house, he took the attitude that he would be the tenant of the purchaser at a weekly rental of £4 los.

Evidence was given by Frederick Griffiths Paape, land agent, who outlined the negotiations leading to the sale.

The defendant said in the course of his evidence that he took the house over on the basis of a tenant occupying a dwelling house. Regarding the claim for back rent, it was not stated whether the £4 los would be paid weekly or monthly, the understanding being that a settlement could be made at a later date or if the property were sold. It was not until he had been in the.house for some months that his sister had stated that she wished the rent to be paid on a monthly basis. The new purchaser of the property had another house, which was let as flats, and the. attitude of witness was that if alternative accommodation for him could be obtained he would vacate the house in Royal Terrace. The Magistrate (Mr J. R. Bartholomew, S.M.) said that if no fixed tenancy was stipulated the legal position was that the term of occupancy was reckoned to be on a monthly basis. An order for possession was made on or before May 15. and Morrison was ordered to pay costs amounting to £2 10s.