LANDLORD V. TENANT

New Zealand Times, Volume XLIII, Issue 10001, 19 June 1918, Page 4

LANDLORD V. TENANT

AN IMPORTANT CABE WIFE OF . WOUNDED SOLDIER EJECTED FROM) ,HOME.

The position between landlord and tenant has been placed, as a result of recent war legislation, on a very different footing from what it was a few years ago. The result haß been quite a number of interesting court aotlons. Yesterday, before Mr W. G. Riddell, S.M., an important action, involving the relations between landlord and-'tenant, was heard. Vilhelm Jensen sued Mrs H. W. Cave for possession of a house in Tinakori road, and for J 63 18s /rent. Defendant is the wife of a soldier now on service, who is at present wounded in-hospital. Defendant resisted the claim oa the ground that hoc rent was paid up to date and that she was unable to obtain any other house. Plaintiff Said he required the houso for the use of his daughter,who was at present living at Day's Say. Defendant contended that under the War Regulation Aot no order for recovery of a dwelling or for ejectment could be made as long as. the tenant takes reasonable care in occupation, that ha or Bhe has paid the xent, or that the house is not wanted for the landlord himself or some one in his employ. A further defonce was that a month's notice 'to quit was not given to defendant. '

The Bench held 'that the notice to quit though not a month's notico, was a reasonable notioe, and that provision of the Act had been substantially complied with. The grounds upon which plaintiff asked for possession were satisfactory. Defendant was ordered to give uip possession of the house within four weeks from date. No order was made as to the rent. The magistrate said that taking all the evidence, into consideration his verdict could not be otherwise, although it was hard on defendant.

Mr Jackson said he considered the judgment was a very important one, as it particularly affected persons in the position that defendant was in. He submitted that the section of the Act was particularly designed to wrotoot tenant* against landlords. • Landlords tried in, various wayß to got around the Act. H> asked the magistrate to fix security lor appeal.

Iho magistrate agreed to this, fixing tho security in tho sum of .£8 Bs. Mr C. H. Treadwoll appeared for -plaintiff.