A LANDLORD'S EIGHTS.

New Zealand Herald, Volume LVIII, Issue 17966, 16 December 1921, Page 4

A LANDLORD'S EIGHTS.

TENANT'S FURNITURE MOVED. DECISION BY MAGISTRATE, Rcservsd decision was given by Mr J W. Poynton, S.M., in the Magistrate's Court yesterday, in a claim fo r £25 damages brought by A. Franko (Mr. Wad- ■ :-" dingham) against Mrs. J. O'Learj (Mt" Sullivan). The magistrate eaid thai plaintiff rented a room from defendant' ' and fell into arrears with his rent H was given verbal notice to quit. As hi did not comply defendant entered hi room and placed all .his furniture on he* verandah. The claim was for breakS and entering the room and trespass tS the goods. It was clear law that there could be no civil claim for forcible ento There was no damage to the ohatS They were removed from the room and di« arranged but, not injured. Could plaiivtiff recover damages for such trespass without If injury Ihe law was not so clear inT 'II case of chattels Mr. Poyntcn quoted L authority, which said it was prc-babi. A trespass to chattels was actionable, thoiwh no damage was done. Any unauthorised ' touching or moving of a chattel was actionable at the suit of Iho possessor even though no harm ensued. But the" question was whether the removal was tin authorised. If a tenant and his-family remained in possession after exoiration of notice the landlord might enter forcibly and put him out, first requesting him to go, and m ease of refusal uaing onlv su-b. force as was necessary to overcome his resistance This would also applv to the tenant's goods. Defendant was within her njfhta in removing these foods. J ua v ment was for defendant with costs