LANDLORD AND TENANT

Taranaki Daily News, 4 May 1934, Page 5

LANDLORD AND TENANT

>■ SIX-HOUR COURT DISPUTE. MAGISTRATE RESERVES DECISION. After a hearing occupying six hours at; the ■ Magistrate’s Court at New Plymouth yesterday Mr. W. H. Woodward, S.M., reserved judgment in. the claim of Antonio Bartlett, boarding-house keeper, Awakino, against Edward Marsh, service car driver, Awakino and. New Plymouth, for £4l 16s rent and alleged damage to property. Marsh counterclaimed for £26 16s as excess rent allegedly paid to Bartlett. Mr. R. J. Brokenshire represented Bartlett and Mr. A. G. Anderson Marsh. The court’s time was occupied with the evidence of plaintiff and defendant and 'cross-examination only, there being no witnesses. Bartlett claimed £2O for the rent of the cottage let by him to Marsh on May 25, 1929, at 10s a week, of which 40 weeks’ rent from. May 25, 1929, to March 1, .1930, was allegedly unpaid. ‘ Bartlett also claimed £l6 16s for the rent of the same cottage at the same rental less 20 per cent, reduction by the National Expenditure Adjustment Act, of which rent 42 weeks from March 18, 1933, to January 6,1934, . was allegedly due and unpaid. Bartlett further ■ claimed £5 for damage suffered by. reason of Marsh removing a v cooking stove from a cottage without authority and allowing the stove to depreciate in value by reason of exposure to the weather and failing to restore the stove to its former, position in the cottage on the termination of the tenancy. In his counter-claim Marsh stated that he took possession of the cottage on October 12, 1927, at 6s a week rental. Shortly, after then Marsh alleged that he and Bartlett entered into a verbal agreement whereby Bartlett agreed to do certain repairs and improvements to the cottage in consideration of Marsh agreeing to pay 7s a week rent. Pursuant to the agreement Marsh said he paid 7s weekly from October 12, 1927, to September 12, 1928. Marsh claimed that plaintiff did not effect the repairs and improvements pursuant to the agreement. On September 12, Marsh alleged, Bartlett and he entered into a further verbal agreement whereby Bartlett agreed to effect substantial improvements in consideration of Marsh agreeing to the rental being increased to 10s weekly. Pursuant to this agreement Marsh said he paid 10s a week from September 12, 1928, up till May 25, 1929, but no improvements were effected. On March 1, 1930,' Marsh stated Bartlett and he further verbally agreed that the improvements previously agreed upon were to be effected, the rent already paid in excess of 6s a week to be credit against the rent unpaid between May 25, 1929, and March 1, 1930. Pursuant to this agreement Marsh said he made regular weekly payments of 10s from March 8, 1930, to March 18, 1933, but no improvements were effected. Marsh said he continued in occupation of the cottage until January 3, 1934, and as no improvements had then been effected he gave notice to. Bartlett and vacated. Therefore he counter-claimed for £2116s as the amount paid by him in excess of the rent payable to Bartlett.