CLAIM FOR RENT.

Waikato Times, Volume 97, Issue 15245, 23 May 1923, Page 5

CLAIM FOR RENT.

AMOUNT CHALLENGED. At the Magistrate’s Court, Hamilton, yesterday, Mr H. A. Young, S.M., considered a claim for £49 15s 3d rental allegedly due at the rate of £5 per week brought by A. G. Sandford (Mr Webb) against J. H. Doleman (Mr Seymour), hairdresser and tobacconist, Frankton Junction. It appeared from the evidence that defendant had previously occupied a shop owned by plaintiff, and when Sandford announced his intention of putting up a block of new buildings at Frankton Junction, Doleman arranged to take one of the new shops, it being agreed that he should pay rent at the rate of £5 per week from the time the architect’s certificate was given. Doleman, however, evinced a desire to take possession before the job was finished, and eventually he was allowed to go Into the new shop when the carpenters were still on the property. No arrangements as to the amount of rental due for the period prior to the giving of tho architect’s certificate was made, and defendant contended that ho should not pay the full amount, as the shop was not in a fit *r.d proper slate for him to carry on his business. He stated that the rear portion of the shop, which he intended for a hairdressing saloon, was used throughout the period in respect to which the claim for rental was made, by the workmen, while the front portion of the establishment was used as a general thoroughfare by them. Despite the fact that his rental at the old shop was only £1 per week, tho takings for the first few weeks in the new establishment were below the average of those in the old shop. After hearing evidence for both sides Ilis Worship staled that he considered 30s a fair weekly rental, and accordingly gave judgment for £l4 18s 6d with costs.