UNUSUAL CLAIM
ACT OF 1738 QUOTED RENT RECOVERY ACTION An English statute of 1738 was quoted in the Magistrate’s Court in Otahuhu as the basis of a claim for double the amount of rent owing by a defendant, who had refused to give up possession of a house. Counsel for plaintiff said the landlord's claim for £24 was double the sum owing. He admitted it was an unusual claim, but the statute enacted in the reign of George 11. was still in force in Hew Zealand. At the magistrate’s request counsel quoted authorities. Counsel stated that the tenant had refused to leave the house and defied the owners, although there was no protection under the Rent Restriction Act. The magistrate, Mr. W. R. McKean, said he was not sure whether the Aci quoted covered the position. He said he would enter judgment for the actual rent owing. If the owners desired to recover additional moneys to provide for repairs to the property they could make it a seperate action.
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https://paperspast.natlib.govt.nz/newspapers/GISH19400229.2.14
Bibliographic details
Gisborne Herald, Volume LXVII, Issue 20184, 29 February 1940, Page 2
Word Count
169UNUSUAL CLAIM Gisborne Herald, Volume LXVII, Issue 20184, 29 February 1940, Page 2
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