HOUSE FOR WORKER

Waikato Times, Volume 126, Issue 21040, 16 February 1940, Page 4

HOUSE FOR WORKER

EMPLOYER’S POSITION ACTION FOR POSSESSION PLAINTIFF UNSUCCESSFUL The position of an employer who allows an employee a house as part of wages was reviewed in the Magistrate’s Court, today, in a reserved judgment delivered by Mr S. L. Paterson, S.M. The case was one in which R. T. Reid (Mr W. H. Adams), farmer, of Hamilton, sought possession of a dwelling occupied by Albert Curran. At the hearing it was contended that Reid was in the position of a master, not a landlord, and therefore the Fair Rents Act was not applicable, nor was notice to quit necessary. “Cases in which a servant occupies, or is permitted to occupy, premises belonging to his master as part of the terms of his employment fall into two classes,” said the magistrate. “The first class is comprised of those cases jn which the occupation is subservient and necessary to the service. The relation existent between the parties by such contract is that of master and servant, and not landlord and tenant. Tenant At Will “The second class of cases is comprised of those in which the servant occupies, or is permitted to occupy the master’s premises as part of the consideration for his services. In such cases the relation between the parties is that of landlord and tenant, the servant being a tenant at will. The present case, I think, belongs to this class. “In the present case the defendant was not required by the express terms of his employment or by the nature of his duties to occupy the premises. The defendant was given the use of them to enable him to bring his wife and family from Australia. The house was situated at Fairfield and the defendant’s work was at Te Rapa. Indeed, the plaintiff once offered to pay the rent of other premises nearer Te Rapa if the defendant could find such premises. “The plaintiff’s claim therefore fails. He has neither given the notice required by the Property Law Act, 1908, to terminate a tenancy at will nor the notice required by the Fair Rents Act. 1936, to be given before commencing proceedings. “The position is unfortunate because plaintiff appears to have dealt very generously with defendant.”