APARTMENTS SUB-LET TO TENANTS
Building Not Defined As Dwelling-House (P.A.) AUCKLAND, September 30. A judgment involving the definition of a “dwelling house” under the Fair Rent Act and the right of an owner to possession was delivered by Mr Justice Fair. The point at issue, on which conflicting decisions have been given by two Magistrates, was whether a dwelling consisting of a number of apartments sub-let to separate tenants comes within the definition of a “dwell-ing-house” in the Act. “It appears,” said his Honour “that both consideration of the exact meaning of the relevant sections and of the general scope and effect of the Act establish that a building of this kind is not a dwelling house within the meaning of the Act and that the plaintiff is entitled to an order - for possession.” His Honour pointed out that it had been decided that the principal object of the Rent Restriction Acts in England was to protect a tenant who was residing in a house from being turned out of his home, not to protect a person who was not resident in a dwelling house, but who was making money by sub-letting it. It was held that personal occupation was the basis of protection.
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https://paperspast.natlib.govt.nz/newspapers/ST19441002.2.69
Bibliographic details
Southland Times, Issue 25483, 2 October 1944, Page 6
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204APARTMENTS SUB-LET TO TENANTS Southland Times, Issue 25483, 2 October 1944, Page 6
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