TENANT'S OBLIGATIONS.

New Zealand Herald, Volume LIV, Issue 16467, 17 February 1917, Page 9

TENANT'S OBLIGATIONS.

CLAIM FOR DAMAGES. J Alleged failure on the part of a tenant 8 to return leased premises in the same ♦ order in which they were taken over, in „ accordance with the terms of the deed of v lease, was the cause of an action heard at s the Magistrate's Court yesterday before 1 Mr. C. C. Kettle, S.M. The plaintiff, 0 Andrew Hawia, solicitor, of Auckland ° (Mr. A. K Denniston), claimed the sum of £66 2a 3d from Arthur Cleave, printer, of Auckland (Mr. R. McConnell), for damage to certain premises and damage for P loss of rent. f It was explained by defendant's counsel ? that Mr. Cleave was (only the nominal . defendant, the premises in question having <■ been sub-leased by him to Smith and Halcombe, who were the actual defendants. v The plaintiff in his statement of claim E declared that on September 23, 1910, he * , leased to the defendant for a term of six c years the ground floor of premises in Queen' Street known as the Cosmopolitan , Chambers, at a weekly rental of £10 10s. By "the deed of lease the defendant under- • took to keep the premises in substantial 1 repair and return them to the lessor at v the expiry of the lease in the condition J in which they were taken over. The defendant failed to observe-the covenant by I removing fixtures and fittings, thus J necessitating certain painting and papering . to restore them to the condition, in which i they were at the commencement of the J lease. The plaintiff alleged that the en- . trance lobby had been removed amd locks c and gas-fittings broken ,and removed. He c had obtained an estimate and found that c the cost of putting the premises in their 1 former condition amounted to £44 0s 3d, 1 which amount he claimed from the defendarit. Plaintiff also claimed £20 dam- I ages for the alleged taking down of parti- ' tions without consent and consequent loss « of rent,* and £2 2a architect's fee. 1 The evidence of the plaintiff was heard, » and the further Bearing of the case was then adjourned until next Tuesday morning. ' .