Landlord’s ‘Nuisance’ Charge Adjourned

Northern Advocate, 17 March 1948, Page 4

Landlord’s ‘Nuisance’ Charge Adjourned

Nuisance and annoyance were tine grounds whereby a landlord, Martin Burke. sought to have his tenant, William Duggan, evicted from a house in 281 Kamo Road. Whangarei. at the Whangarei' Court yesterday. Burke (Mr J. D. Gerard) claimed recovery of the rooms tenanted by Duggan (Mr D. L. Ross), on the grounds that his tenancy had expired after one month’s notice, and also because Duggan had been guilty of conduct which was an annoyance to adjoining occupiers.

After a long hearing, during which Burke’s side of the case was heard, the magistrate (Mr W. C. Harley) adjourned proceedings for three months. If further trouble occurred, either party could bring the case up again after a three-day notice, Mr Harley added.

Mr Gerard said that Burke, a retired farmer, let the spare rooms to Mr and Mrs Duggan, who had two children—a boy aged 18, who worked in the mine, and a girl 15, who went to school.

The Duggans were to occupy the rooms for three months until a house of their own was built. Duggan had later bought a house, but could not gain possession of it. Besides the Duggan family, the house was occupied by a married couple. The conveniences were shared by all occupants. DOCTOR’S CERTIFICATE Burke alleged that the Duggan’s family rows, accompanied by swearing, had distressed him and the other occupants. He had been told by Dr Goodwin that it was necessary for his health that he live a quite life. Donald Joseph Goodwin, medical practitioner, said he had treated Burke for nervious condition and another ailment connected with it. The friction with other occupants would aggravate his nervous disposition and create a nervous upset, lie said. To Mr Ross, Dr Goodwin said he had first been consulted for the nefvous condition on October 2 last year. He had given Burke a certificate recommending that any annoying tenants in his house should leave. Mr Ross: Who were you making this recommendation to? What was behind your mind? Dr Goodwin: Nothing was in my mind. I wrote that certificate because this man needed it. I do not care a hang v/ho I wrote it for. ALWAYS PAID RENT Martin Burke said Duggan had gone into the rooms about a month after purchase of the Kamo Road house. Duggan always paid his rent. He had said that he would be staying for three months only, as he intended to build. Burke had reasons to complain of the Duggan family's conduct "more or less all the time." He said that at meal times, during the last six months, swearing had taken place in the Duggan family. At times he could hear the swearing from i his rooms quite plainly. Squabbles were carried on in Duggan’s kitchenette. Some glass in the front door, which the Duggans had no right to use. had been broken when Duggan had ordered his son from the house. The son left, slammed the door and broke the glass, Burke said. ALTERATIONS Burke alleged that the Duggans had blamed the glass-smashing on to another tenant. Furthermore, the boy had placed an old car on his front lawn, without permission, and. when the car was taken away later, Burke had to clear the lawn of pieces of wire and glass. The magistrate said the ware and glass left by the car could be ignored. Duggan had also made structural alterations to his portion of the house without permission. He refused to remove the alterations, which kept the sun from Burke’s bedroom. Burke said the Duggans were uncooperative unless they had eve rything their own way. IN THE BATHROOM He said things had come to a head after an incident about the bathroom. About January'ls he was having a shave in the bathroom when he heard someone try the door, which was locked. He took no notice, but when he came out he found Duggan by the door. He alleged Duggan then said: “Why the didn't you answer me?" Burke said he smiled, thinking it was a joke. Duggan swore again, saying: "You —, a man ought to knock your head off,” adding: "You think it's funny don’t you, you “I then realised that I was being abused,” said Burke. He did not realise before that Duggan “could be so stupid to talk as he did.” He told Duggan that he was wrong. Eurke said Duggan then flew at him. Duggan's wife then arrived and remonstrated with him, saying he should not have "called him that.” Burke’s wife then took Burke away and the next day he saw his solicitor. NO COMPLAINT, RE NOISE To Mr Ross, Burke said he never told Duggan that he would like the rows and swearing to stop. He denied that his own radio and that of the other tenant were on all day. He did not know whether or not Duggan had to sleep during the daytime two weeks in every seven. Duggan bald told Burke that he could sleep through a ton of bricks falling on the roof. He was unaware that Duggan had had no sleep for four days because of the noise from the two radios, nor did he say to Duggan: "Are you too ignorant to know you are not wanted?” Elizabeth Ann Burke, wife of the plaintiff, said the rows were almost daily occurrences since the Duggans first arrived in the, rooms. On one occasion the brother and sister had had a fight which finished up in their (Burke's) kitchen, she said. MAGISTRATE'S ADVICE Mr Harley then adjourned the case and talked with counsel. When the court resumed the magistrate said: “This is one of those cases where, because of the acute housing shortage, people have been brought into close contact with one another, and natural irritation has arisen.

“I think it would bo very much better to shut the thing up before any more hard things are said. I propose to adjourn this case for three months. “Duggan will not give any more grounds for complaint, I am sure. The law says the tenant has a right to stay in the house as long as he behaves himself. The landlord will realise this. “Either side will have the right to bring the case forward again on three days’ notice if there are any more rumpuses. “In fairness, I must say that I have not heard Duggan's side of the case, but as it stands Burke's evidence is not enough to pitch Duggan out. If we go on with it and people go on calling each other names till 4 o’clock, there will be a bigger row than ever. “If it should flare up again, however, we can fight it out to the last ditch.”