CLAIM FOR RENT.

Hawera Star, Volume XLIX, 5 September 1929, Page 10

CLAIM FOR RENT.

IMPORTANT POINT RAISED

An .important ruling wao tusked o-t Mr J. id. Salmon, a.M... in a, oayeiiearu beioie him at tile rrawera. Magistrate s coint yesterday altemoon. wnerem G. it. Forrest and \V. Davison, tlirougu tiie-ir agent. L. A. Bayun-, proceeded against J,am-ei.s Bryant, oi xuiwera, noi'S'--Hamer, seeking tne sum o.i J~5 10s as rent in lieu el notice. lue facts were that defendant occupied a cottage in Albion Mreet belonging to plamtiii'hi at a weekly rental o-l 22s (id, payiaible. iby verbal an angeuient, tortniglitly in advance. On August 12 defendant left the bouse, alleging in court that-plaintiffs’ agent had verually given him a month’s notice to quit, 'ibis was (denied by Air Taylor, who 'contended that because defendant had not given him a month's notice in w riting, plaintiffs wore entitled! to recover the viable of a month’s rent. Mr P. O’Dea, who appeared for defendant, submitted; authority for contention that where there was no agreement in writing as to the period ot tenancy, only reasonable notice was necessary—not necessarily as much as- a week. . . His Worship said that in dealing with rent restriction cases in Wellington and in other cases, lie had always followed the legislative provision that where the. period of a tenancy was not agreed on in writing, it should be taken as a monthly tenancy, and that iji, month’s notice was due on either side. He would look into Hie point raised by Mr O’Doa; also the conflict of evidence on the alternative defence—that Mr Taylor had given defendant notice Plaintiffs’ agent, in evidence', said that defendant was an unsatisfactory tenant land had had to be sued lor rent, paying the amount into court. On July’ 16, when in witness’s office, he had been very abusive about this. Cross-examined. witnessi would not deny that he had taken defendants hat and thrown it outside: he could not be definite about this. He denied that he had told defendant to take a month’s notice. Ho remembered defendant having said something about repairs that were wanted, witness replying thiat if defendant was not satisfied lie could get out. He admitted that it was exactly a month from the time of this interview to the- time that defendant left the house. Defendant on oath, saul that he kav asked Air Taylor to have a window and a leak repaired. Air Taylor then throwing- liisi (witness’s) hat- out-side and telling him to "bake a month v> notice. Witness had done so, and was no-w paying rent at £2 5s n, week, instead or -Cl ‘t s , 6d as formerly. Had the place been repaired he would have stopped there. Following argument, Mr-Salmon reserved his- decision.