REDUCTION OF RENT.

New Zealand Herald, Volume LV, Issue 16895, 6 July 1918, Page 8

REDUCTION OF RENT.

LICENSEE'S CLAIM SUCCEEDS.

[BY TELEGRAPH,—PRESS ASSOCIATION.]

WELLINGTON. Friday. An important judgment concerning pro-1 ceedings taken under tho Sale of Liquor: Restriction Act, 1917, was delivered by | Mr. Justice Stringer in tho Supremo Court to-day. The plaintiff was Minnio j Redwood, and the defendant Hans ! Charles Lawson, of Tub Marina, hotel-, keeper. Tho point at issue was whether defendant might claim the benefit of the ; provisions of tho Act for reduction of rent j and adjustment of other charges. j

Defendant was lessee of the Tua I Marina Hotel under a lease which w/us' transferred to him in August, 1913. This j lease expired five years after, and de- j fendant was to have given notice of re- i newal of the lease three months before j its expiration. In February last he : served on the owner a notice under section 4 of the Sale of Liquor Restriction Act, asking for a reduction of rent, or i alternatively, the acceptance of tho sur- j render of the lease undor tho terms of a , section of the Act that came into force ! in October, 1917. Counsel for the owner | submitted that the Act had no application except to leases in existence at the date, of the coming into operation of the Act, j and, that tho option for'renewal hav-' ing been exercised after the Act camo into force, tho defendant was in tho samo position as if he had taken a new lease at the timo of the exercise of his option, and, therefore, was not entitled to the benefit of the provisions of the Act. His Honor held that the renewal being given created a lease or agreement to lease within tho meaning of the Act, and that defendant wan entitled to the benefit of the provisions in regard to reduction of rent, adjustment, and other charges. Judgment was given for defendant with , costs. !