OWNERS’ DIFFICULTIES

Otago Daily Times, Issue 27391, 17 May 1950, Page 2

OWNERS’ DIFFICULTIES

Claims For Possession Alternative Accommodation “To a certain extent the plaintiff has brought on this situation through his own folly for he bought the property while the tenant had no alternative accommodation,” said Mr J. G. Warrington, S.M., at a civil sitting of the Magistrate’s Court yesterday when Joseph Henry Lawrence claimed possession of a house in Sawyers’ Bay occupied by John Campbell Perry. “ This is commonly being done by the public,” the magistrate added. ~ Outlining the conditions under which she was at present living, Natalie Lilian Lawrence, wife of the plaintiff said that four other adults and her baby were occupying an 86-year-old house at Port Chalmers. There was no washhouse and water had to be drawn from a well in which a rat and various bugs had been found. The owner of this house wanted possession and intended making it reasonably habitable. The defendant in evidence stated that he had been trying to get alternative accommodation for 18 months. His wife was in poor health and there were four children.

Giving his decision, the magistrate said that he had to consider the hardship to both parties. An order for possession would be made but time would be given the defendant to get other accommodation. The order was made for August 16. Mr E. J. Anderson represented the plaintiff and Mr F. W. McElrea appeared for Perry. Unhappy Conditions Complete possession of a house in Caversnam shared by himself and the defendant was sought by Lyall David Syder (Mr W. J. Meade), who stated in evidence that he was constantly being annoyed by family feuds, screaming women, crying children and bad language. His wife had been unable to get any co-operation from the defendant, Mary Bain, in keeping passages and conveniences clean. To Mr W. McAlevy, who appeared for Bain, the plaintiff admitted that he and his wife did not need all the property for themselves. Evidence was also given by the wife of the plaintiff and a neighbour as to the constant noise caused by the tenants, especially the husband. The defendant admitted that her husband swore frequently but attributed this to injuries received at the war. He had had two head operations and was still under treatment. She denied showing a lack of cleanliness about the house.

Making an order for possession on or before August 16, Mr Warrington said that no tenant was entitled to inflict such conduct on others in the same house. He warned the defendant that the period allowed could be shortened if the conduct of those in her part of the house warranted it. Family Home

An order for possession on or before September 16 was made in favour of Muriel Anderson who proceeded against Margaret Lanauze. The plaintiff, who was represented by Mr R. B. Hamel, said that she and her husband and eight children were living in a small house in Green Island. The house she was claiming was larger and was occupied by the defendant and her three adult daughters. John Lanauze, son of the defendant, who was called by Mr R. McKissock of the Labour Department, said that his mother had tried hard to get alternative accommodation. She had occupied the house for 15 years. He regretted -dispossessing a widow of a home she had so long occupied, the magistrate said, but again it was a case of the greater hardship. To give the defendant a better opportunity to find accommodation he would allow her four months. Hearing Adjourned To allow written legal submissions to be made by both counsel, the magistrate adjourned the hearing in which the West Harbour Borough Council (Mr C. H. Stevens) claimed possession of a house occupied by a former employee, John Burns (Mr J. S. D. More). Evidence of the value placed on the house by the council was given by the Mayor of West Harbour, Thomas Robson Bradshaw and the borough clerk, Percy Raymond Buckland. Burns was cross-examined at length by Mr Stevens on the incidents leading up to the resignations of six employees as well as that of the defendant himself last November.