POSSESSION OF HOUSE

New Zealand Herald, Volume LXXIV, Issue 22864, 20 October 1937, Page 20

POSSESSION OF HOUSE

RELETTING WITHIN PERIOD COURT FINES OWNER £5 [from our own correspondent] HAMILTON. Tuesday A charge of committing a breach of section 15 of the Fair Rents Act, in that he represented that a house he owned was required for his own occupation and that within six ,jnonths 110 had relet it, was preferred against Neville Town.send, butcher, Frankton, in the Hamilton Police Court. Mr. J. Mclvor prosecuted on behalf of the Labour Department, and Mr. J, R. FitzGerald appeared for the defendant, who pleadecl not guilty. Evidence was given by an inspector, R. J. Powell, that defendant bought a house in Breckon's Avenuo, Frankton, in January last. It was then occupied by a family named Gaylor, who were paying 17s 6d a week rent. Witness said that defendant had not mentioned that he had told Mr. Gaylor, now deceased, that he could remain in the house. Mrs! Gaylor voluntarily increased the rent to £1 a week because defendant told her that 17s 6d did not cover the expenses. After the Gavlors vacated the house in, April, defendant let it to Mrs. E. E. Rollinson for 27s 6d a week. With the approval of tho department the rent had been reduced to £1 a week.

Defendant said lie bought the property for the purpose of occupying it himself. The occupants, the Gaylors, were unable to find another house, and although he frequently asked them to quit, they did not do so. About March 20 he told Mr. Gavlor that ho and his family could remain in possession as the house was too far away from his (witness') business for him to occupy it. The Gaylors left on April 29, and the house was kept vacant for a month, after which he let it to Mrs. ftollinson. Ho wanted to sell the place, and he raised the rent to 27s 6d a week in order to make the tenancy a temporary oiio. He regarded the assessed fair rent of 9s 3d as ridiculous, as the outgoings included 17s'6d a week interest on the mortgage, rates and repairs. The. magistrate, Mr. S. L. Paterson, said defendant had not discharged tho onus placed on him of proving that he had cancelled the notice he had given to the Gaylors to quit. He doubted defendant's veracity. Defendant was fined £5 and costs.