NOTICE TO QUIT.

Sun (Christchurch), Volume VII, Issue 2027, 13 August 1920, Page 11

NOTICE TO QUIT.

ENFORCED BY HAMMERS. HOUSE DEMOLISHED WHILST OCCUPIED. To wake up in the morning and find that carpenters' hammers are busy demolishing one's house cannot be a pleasant experience, more .especially when the demolition is in the nature of a surprise. This was the early morning surprise which was, on Wednesday, "handed" to Mr James Thompson, the proprietor of one of the largest board-ing-houses in Kaiapoi, known as Thompson's Boarding-house. Some six or seven months ago the premises were I owned by a Mr Brown, who gav/> Mr Thompson notice to quit, but the latter, relying upon an agreement to lease and on the provisions of the War Regulations, did not leave the premises. Later the boarding-house was sold to Mr J. H. Blackwell, the Mayor of Kaiapoi The building was a v.ery old one. Some time after the first notice to quit had been given to the occupier, the Public Health Department reported adversely on the place, and there was somo talk of condemning it. Thompson, however, still remained in occupation, paying the rental to Mr Brown, who accepted it. He then received notice to quit from Mr Blackwell; but, still relying on his agreement to lease and on the War Eegulations, he did not move. Mr Blackwell then informed him that he intended pulling the place down, and threatened that the Health Department would be called in to condemn the place. On Monday an officer of the Health Department formally condemned ' the boarding-house, and handed in a certificate to this effect to the Kaiapoi Borough Council. No notice was served by the Health Department, upon the occupiers. At a meeting of the Kaiapoi Borough Council, hold on Tuesday evening, on the authority of the Health Department certificate, the Town Clerk was instructed to write to Mr Blackwell, the owner, authorising him to demolish the plate forthwith. Shortly after 8 o'clock on Wednesday morning, the occupiers received their first official intimation that their home was to be demolished by hearing the tap of the carpenters' hammers, and some nine or. 10 workmen were observed about the premises. The house was thus practically pulled down over their heads. An urgent telegram was forwarded by Mrs Thompson to her solicitors in Christehnrch, who immediately took steps to take out an interim injunction.

A short while afterwards, representatives of a city legal firm might have been seen rushing Kaiapoi-wards in a taxi-eab, bearing a reprieve, as it were, in the shape of a motion asking for an order, and a writ. Upon their arrival at Kaiapoi. however, the building was three-quarters demolished, and was in a condition bordering upon tlint of the houses at Ypres and other shell-torn towns. Nothing could therefore be! done. I

According to the Publie Health Amendment Act, 1918, Section 7, upon tho receipt of a certificate condemning a building not more than eight weeks notice is required to be served upon tho owner. No minimum time is specified, and in this case the "forthwith" was certainly interpreted literally. Under the: same section an owner is given the right of appeal to a magistrate, but, by a curious omission, no reference at all is made to the necessity of the occupier of the house being notified of its impending demolition. According to the literal reading of the Act the Public Health Department has acted quite properly and no one was compelled to give warning to the unfortunate occupier that he was so abruptly to be cast upon a hard, houseless world.