HUSBAND SUES WIFE

Otago Daily Times, Issue 26916, 30 October 1948, Page 3

HUSBAND SUES WIFE

POSSESSION OF HOUSE DECISION RESERVED Mr A. E. Dobbie, S.M., reserved his decision yesterday in a case at Mosgiel in which Don Harwood (Mr C. H. Stevens) sought possession of a house at 22 Factoryroad from hisf wife, Florence Harwood (Mr R. L. Fail-maid). Early this year, said Mr Stevens, the plaintiff had left his wife and his .home. Mrs Harwood had instituted maintenance proceedings on behalf of their child, and Harwood had called upon his wife to vacate the premises. She had refused to do so and the plaintiff now sought possession either on the grounds that Mrs Harwood had no legal right to tenancy or because of the fact that the time allowed by a notice to quit had expired. Mr Fairmaid submitted, after the plaintiff’s evidence had been heard, that it had not been indicated whether Mrs Harwood was regarded as a tenant or a trespasser. She bad gone to live at the house as the wife of the plaintiff, and thus had a perfect legal right to tenancy. If she was not a trespasser she must be a tenant, and. therefore, she was entitled to protection under the Fair Rents Act, even though she had not been paying her husband rent. Mr Fairmaid asked that the plaintiff be nonsuited. Mr Stevens: The Fair Rents Act does not apply if the tenant remains after the expiry of a licence and aeamst the —’’bes of the owner. The defendant is thus a trespasser. Mr Dobbie: A notice to quit is a revocation of a licence. If she is not a trespasser she is a tenant at will, and is thus protected by the Fair Rents Act. Mr Stevens: She might be a tenant at will, but she is not paying rent, and can-

not receive protection under the Act. The magistrate agreed with Mr Stevens’s submission, and Mr Fairmaid applied for the withdrawal of his nonsuit. This was granted, and. after Mrs Harwood’s evidence had been heard, the magistrate reserved his decision and requested written submissions from counsel.