TENANT SUED

New Zealand Herald, Volume LXXIV, Issue 22901, 2 December 1937, Page 18

TENANT SUED

POSSESSION OF HOUSE

DWELLING ALREADY SOLD EFFECT OF NEW LEGISLATION [from octr OWN correspondent] HAMILTON, Wednesday An interesting case concerning the possession of a house in Blackburn Street, Frankton, was heard bofore Mr. S. L. Paterson, S.M., in tlio Magistrate's Court when Albert Newhy (Mr. Watts) brought an action against James Drummond (Mr. Stewart) for possession of the residence. Outlining the case for plaintiff. Mr. Watts said that Drummond had been a tenant in Newby's house for live and a-half years. Recently plaintiff sold tho house to Mrs. M. E. Robertson and gave notice to defendant to vacate it. Defendant was introduced to other properties, but said ho did not like them. In the meanwhile Mrs. Robertson, tho purchaser, was renting another houso but it was sold over her head. She gave possession to tho new owner and was renting three rooms from him. If she did not get possession of plaintiff's houso, which she had bought, she might be subjected to proceedings from the now owner of the houso she was in at present. There was definite hardship in her case. Plaintiff said in evidence that after making arrangements for the sale of the house he gave defendant notice to quit and also made every effort to find another place for him. Cross-examined, plaintiff said he was not satisfied with tho rent ho was receiving. He had told defendant lie would have to raise tho rent. In the five and a-half years that ho had been tenant of the house defendant had paid his rent and kept the place in reasonably good order. Defendant said that plaintiff told him that if he could not get possession he would sue for higher rent. Witness said that he had gone with an estate agent to the State Advances Corporation, where his name was included 011 tho list of applicants for houses. The Magistrate said he thoucht it necessary to have evidence from an official of the corporation. "With the new amendment to the Fair Rents Act, I do not know where I stand, for I do not know whether tho amendment has yet become law," Mr. Paterson added. "I will adjourn tho case for a week until I obtain a copy of tho new Act."

CASE AT WHANGAREI JUDGMENT FOR PLAINTIFF [BY TELEGRAPH —-OWN CORRESPONDENT J WHANGAftEI, Wednesday Judgment was given to-day by Mr. G. N. Morris, S.M., in the case in which Mrs. Esther Merriman, of Auckland (Mr.. J. F. S. Briggs), sought possession of a house and section in Whangarei leased to Mrs. Marie Lynch (Mr. R. K. Trimmer) as she personally desired to occupy the house. When the case was heard last week Mr. Trimmer claimed that the acceptance of rent after notice to quit had been given implied that the notice was deemed to be waived, and that in tenancies on a weekly, monthly or annual basis, the notice to quit must expire on one. of the periodic recurring dates the tenancy began. . . The case was adjourned for further legal argument to be submitted in writing. When it was called to-day, Mr. Trimmer announced that he had no further submissions to make. The magistrate,, Mr. G. N; Morrisj made • an order for repossession after 21 days, and £4 19s in costs was allowed.