POSSESSION OF HOUSE

New Zealand Herald, Volume LXXV, Issue 23179, 27 October 1938, Page 16

POSSESSION OF HOUSE

OWNER'S DESIRE TO SELL CASE HEARD AT HAMILTON [from our own correspondent] HAMILTON, Wednesday A claim for possession of a house in Lake Crescent was made by N. E. Dalmar, civil servant, of Wellington, against the tenant, C. H. Nicholson (Mr. N. S. * Johnson), Before Mr. S. L. Paterson, S.M., in the Hamilton Magistrate's Court. A claim for rent totalling £7 2s lOd also was made by plaintiff, who was represented by Mr. W. H. Adams. Evidence was given by Mr. R. W. Bennett that notice to vacate the premises had been given to defendant on September 8, plaintiff's reason for wanting possession being that he wanted to sell the house. Mr. Adams said that the Fair Rents Act did not apply to the house in question because the owner had been occupying it until June, 1936, and the Act, which came into force in May of that year, stated that anv house that had not been let prior to the passing of the Act was not subject to its provisions.

It was stated by Mr. Johnson that the only contest in the matter was whether the circumstances warranted an order being made. Defendant was prepared to vacate tho house as soon as ho had arranged for other premises, but, although he had endeavoured to do that, he had had no success. Under the Court Act, it was nscessary for plaintiff to show that ho had reasonable grounds for demanding possession, and he thought that if the Court was of the opinion that the order must be made, it should be made operative some months ahead.

The magistrate adjourned tho case until January 13. Ho said that in tho event of the property being sold before that date, the hearing could be reopened at seven days' notice.