Tenancy Act Not Clear'-Magistrate

Northern Advocate, 19 July 1949, Page 6

Tenancy Act Not Clear'-Magistrate

“Thqre have been a lot of label tags put into this act, but none of this stuff helps the unfortunate magistrate,” said Mr W. C. Harley, S.M., in the Whangarei Court today when commenting on the recently-introduced Tenancy Act. He was considering a claim by Benjamin Clarence Covacich (Mr L. A. Johnson) for possession of his house at No 11 Davis Street, Whangarei, from Donald Joseph Dunford, the tenant (Mr H. S. P. Rishworth). Covacich said in evidence that he had bought the house in 1942. He had a seven-year-old daughter, and was at present boarding with his sister.

Dunford gave evidence that he and his wife were sharing the houge with their daughter and son-in-law. His son was building a house which should be ready for occupation in three months’ time. He had advertised for suitable accommodation 21 times and had had two replies, neither of which he could accept. ADJOURNED FOR 3 MONTHS

He did not consider the alternative accommodation offered by Covacich was suitable. Mr Johnson said that Covacich did not have to prove hardship, as he had bought the house more than five years ago. He merely had to provide alternative accommodation.

Mr Harley agreed, but remarked that the new act was not clear on the subject

' ; He adjourned the case for three months in order to give Dunford an opportunity to find suitable alternative accommodation.