REPAIRS T. A. HOUSE.

Wairarapa Age, 20 January 1922, Page 3

REPAIRS T. A. HOUSE.

< IDERED BY HZ.AI.rH . -PECTIi;'. A LEGAL POINT. A claim for £49 Sis 6d for repairs effected tc ?. dwelling house on a property at Te Ore Ore which had been leased to defen d;\nl in May, 1918. was brought by Jeremiah Savage against A illiani C. v»eiuh, farmer, in the Magistrate’s Court, yesterday. The property had originally been leased to Welch by John Savage, senior, but th© lease was subsequently transferred. On account of an outbreak of scarlet fever, repairs were ordered by the health inspector (Mr Cairns). They consisted of scrimming and papering the walls, and the construction of a drain.

Mr A. L. Bollings appeared for the plaintiff and the defendant was represented by Mr H. R. Biss.

Evidence was called by plaintiff concerning the state of repair of the building at the commencement of the

lease, and at the present time, and to show that the work ordered by the health authorities had been carried out. For the defendant it was submitted that the dwelling was in a very bad state before being taken over by Welch. There was no drainage system, and the water-supply was drawn from a rusty tank at the back of the house. The house contained no bathroom or washhouse, the paper was hanging from the walls, and the scrim wa« rotten. Prior to the house being made suitable for habitation it had been necessary to paper all the rooms, including two that had bare walls. A tank by the cowisheds had to be utilised for the household water-supply, the water being pumped by means of an engine. A lean-to had been built, and bath and tubs installed. The lessor had not seen the house between the time Welch obtained the lease and the time it was transferred to Caverhill in January, 1920. John Savage had paid for practically all the timber used in the lean-to, but nothing &ad been contributed towards the cost of the other repairs. Mr H-ollings contended that the lessee had- covenanted to keep the place in fair repair, and suitable for occupation by the incoming tenant. He had not done this and was therefore liable lor the work mentioned in the claim. Mr S. L. P. Free, S.M., said that before repairs could be effected there must be something to repair. The installation of a drainage system and baths and ■tubs could not be classified as repairs. However, he would reserve his decision.