POSSESSION OF HOUSES.

New Zealand Herald, Volume LVIII, Issue 17754, 13 April 1921, Page 8

POSSESSION OF HOUSES.

RETURNED SOLDIER TENANT,

PROVISIONS OF THE LAW. Several applications for possession of houses were dealt -with by Mr. J. W. Poyriton, S.M., in the Magistrate's Court yesterday. In one case a working man with four children sought possession of a house in Summer Street he had purchased 18 months ago. The grounds for the claim were that the rent was in arrears and that the property was being damaged and 'neglected. Plaintiff said he had paid £50 deposit on the house, and was paying £l'ss a week on it, besides the rent of the 'house he occupied. Tho rent he received was lfs a week. If he could not secure possession of the house he would lose it, as, he could not. keep the payments up. He had repeatedly given notice to the tenant, and had offered him the house in which he was living, but defendant refused to take it He now knew that defendant was a returned soldier, but did not know it when_ he purchased the house. Cross-examined, he admitted that the arrears of rent had been paid into Court. The defence was that the defendant) was a returned soldier, that the rent had been paid, and that the property had not been damaged. Defendant Was at present in hospital suffering from the effects of injuries received. He had four*' young children. The magistrate said that under the present legislation it was impossible to force a returned soldier tenant to give up possession if he paid his rent, and observed certain other conditions. If he did fcb he was almost a tenant for life. Tho question of hardship did not enter into the matter. At the request of plaintiff's counsel, the magistrate agreed to inspect the premises this morning to decide the other point raised. , In another case the plaintiff was a married man with four young children, at present Jiving in one room. Three of the children were suffering from bronchitis, and plaintiff had been advised by a doctor to obtain a room with a fireplace immediately. He could not obtain possession of the house ho had purchased some months ago. The' tenants were an elderly couple. Defendant' 3 wifo said they had been making every effort to find another house, but could not do so. Other members of their family were living with them. Her husband was an invalid, and they were dependent on thoir daughter. jt was not possible to allow tho plaintiff to have one room in which furniture wan at present stored. The magistrate (aid if was a desperate case. An order was mado for possession in a fortnight.