CLAIM FOR POSSESSION.

New Zealand Herald, Volume LXI, Issue 18631, 12 February 1924, Page 8

CLAIM FOR POSSESSION.

LANDLORD AND TENANT. OWNER'S LIMITED POWERS. IST TKLKQEAPH.—OWN COR RESPONDENT. J DUNEDIN, Monday. Mr. Dixon, S.M., has given his decision in an interesting case in which .Louise Shanks, of Mat&ura, recently proceeded against J. A. L. Meikle, of Mataura, for possession of a tenement on the ground that the rent had not been paid. Legal argument was heard on January 18, when decision was reserved. The practical effect of ' the decision is that a tenant cannot be ejected for nonpayment of rent without a month's notice in writing, even although the rent is considerably in arrears, unless there is an agreement by lease or .otherwise giving the owner the right of re-entry. . Mr. Dixon, in his decision, held that there was no right of re-entry at common law in this class of tenancy. The only right the landlord . might have was by statute or by agreement with the tenant. There had been no agreement between the parties in this case. According to the evidence the house was let •at first for a period of six months, but after that time the defendant became a tenant at will. There was no provision in any statuto that the right of re-entry implied by law in leases was implied in a tenancy at will. There would be no order for possession and no order will be made as to costs.