UNUSUAL CLAIM
ACT OF 1738 QUOTED RENT RECOVERY ACTION OWNER SEEKS DOUBLE AMOUNT An English statute of 1738 was quoted in "the Magistrate's Court at Otahuhu yesterday as the basis of a claim for double the amount of rent owing by a defendant, who had refused to give up possession of a house. Counsel for defendant said the landlord's claim for £24 was double the sum owing. He admitted it was an unusual claim, but the statute enacted in the reign of George 11. was still in force in New Zealand. At the magistrate's request counsel quoted authorities. Counsel stated that the tenant had refused to leave the house and defied the owners, although there was no protection under the Rent Restriction Act. . Hie magistrate, Mr. W. R. McKean, said he was not sure, whether the Act quoted covered the position. He said he would enter judgment for the actual rent owing. If the owners desired to recover additional moneys to provide for repairs to the property they could make it a separate action.
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Bibliographic details
New Zealand Herald, Volume LXXVII, Issue 23591, 27 February 1940, Page 6
Word Count
174UNUSUAL CLAIM New Zealand Herald, Volume LXXVII, Issue 23591, 27 February 1940, Page 6
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