A TENANCY CASE

Wairarapa Age, 19 December 1919, Page 7

A TENANCY CASE

PALMER v. CROSS. In tho Magistrate's Court at Masterton yesterday morning, 'Mr S. L. P. Free, S.M., gave his judgment as following in the case of Palmer v. Cross, heard laßt Court day. His Worship .said :• "In this ease £1 14s has been paid into Court. This is equivalent to a (confession of liability in the cause oi action set out in the statement oi claim. The only question left for me to decide is whether the amount paid in is sufficient. "The defendant was a tenant of plaintiff, who purported to terminate the tenancy and then sued for possession. The action came on for hearing in this Court some few weeks ago, when an order was refused under the provisions of the War Legislature Act. Prior to tho action the tenant paid rent at 8s 6d per week. It is suggested that subsequent to the action rent was tendered and refused, but no proof of tender was given. The effect of the war legislation is to prevent the increase of rents as well as to restrict the landlord's right of ejectment. If it were permissible to give a tenant notice to quit and then recover mesne profits at a rate in excess of the standard rent fixed by law, it would defeat tho object of our war legislation. I therefore cannot assess the damages any higher than ■ the rent. The plaintiff is entitled to the amount paid into Court, £1 14s, and as the tender was not proved, to Court costs 65."