TENANTS HARD HIT

Northern Advocate, 7 November 1932, Page 7

TENANTS HARD HIT

POSSESSION ORDERS. FULL PENT NOT PAID. MAGISTRATE SYMPATHETIC, (Special .to “Northern Advocate.”) WELLINGTON, Saturday. Orders for possession of tenements in favour of the State Advances Superintendent and the Public Trustee have been made by Air AY. H. Woodward,. S.AL, in a reserved judgment delivered at the Magistrate's Court. The defendants were Albert Edwin Sergent, fish curer, of Lower Hutt, and his wife, and Prank Little, labourer, Pctone. Air Woodward said that the two cases wore unfortunately typical of many instances of hardship which had been constantly coming before the Courts at Petono and Lower Hutt,

Both defendants were relief workers. Little had been tenant to the Public Trustee for four years, and had paid the rent (which had from time to time been reduced) in full up to 17th August, 11)31. He lost his employment in May, 11»31, and thereafter earned un relief work an average of £1 8s Id per week, which was supplemented by rations. Nevertheless, he continued to pay the rent at the rate of 22s (Id up to 17th August, 1031. Prom that date the payments fell to 17s Gd per week. In April for this year relief pay was fixed at 30s per week and rations were discontinued. The payments of 17s Gd per week had been continued to date except for one week when Little had to pay the unemployment levy and two weeks since the issue of the summons, when he had put aside liis wages to cover the cost of moving and the first week’s rent on another house.' The Public Trustee had been accepting the 17s Gd per week, but had not agreed to a reduction of the rate. Little had dependent on him 1 a wife and i), child aged live, and had no income apart from his relief wages, and no assets save the furniture in Ids house; this he valued at about £3O. “He says ho can no longer afford to pay 17s Gd, as the family’s clothes and bedclothes are all worn out, and they cannot continue to live and clothe themselves on 12s Gd, ” continued the Magistrate. “It is common knowledge in this locality that relief workers find great difficulty in renting houses. Little says lie has tried to find another but ho has found the rents more than he can honestly promise to pay or Ims been met with a definite refusal to let to a. relief worker.”

Twelve Persons to be Kept. In connection with the other case, Mr Woodward said that. Mr and Mrs Sergcnt had been in default for the last two years in payment of instalments of interest and principal under their mortgage (o the State Advances Superintendent. When the ease first came up for hearing in October last there were twelve persons in the house to be kept, and eight of them had to ho clothed also. The money available for this and to pay the rent was £1 10s per week. At that time an average of 7s (3d was being paid on account of rent. Some assistance by way of rations was being received from the Charitable Aid Board. 'The situation was the same now, erwept that the husband was living in the house and paying in his full relief wage of £2 per week, giving a. total income of £4 I.ls for thirteen persons.

“The Scrgents offer to pay 10s per week rent for-the house which they once hoped to coll their own. This, however, is quite 'inadequate and not acceptable to the Superintendent. . . . A greater difficulty than in Little's (rase in getting another house may be anticipated in this ease. It cannot, bo denied that real hardship will be suffered by each of these defendants If orders for possession are made against; them. ’ ’

The Magistrate discussed the legal position and quoted 1 roin a decision of Mr Justice Talbot, whose judgment, he said, appeared to bind one to hold that hardship to the tenant, even if accompanied by oppressive conduct on the landlord’s part, did not constitute good cause for refusing an order tor possession. “ Apart, therefore, trom the indication given by the repeal ot the war legislation on the subject of hardship," said Mr Woodward, “I am bound to make the order.’’ After making the order, Mr Woodward said he would suspend the order for possession in each case “for such reasonable time as the necessities of the tenant seem to demand.’’ At the hearing of the ease Mr I*. B. Broad appeared for the Public Trustee, Air H. A. Kennard for the State. Advances Superintendent, and Mr Stanhope Held for the defendants.