FAIR REM QUESTION

Waikato Times, Volume 129, Issue 21513, 30 August 1941, Page 2

FAIR REM QUESTION

CAMBRIDGE CLAIM FAILS DWELLING AND SURGERY (Special to CAMBRIDGE Friday la the Cambridge Magistrate'* Court before Mr W. II Freeman. S.M.. a tenancy rae affecting the rental to r>* ;»a>d for a rgaidence and an adjoining surgery wa, heard. Mrs S. E. Speight elaimed fr*»m Dr. Fullerton Johnann £7 11a M. alleg.nl to Ik- owing as rent. The caa<* was dealt with under the Fair Rents Act. The history of the tenancy "»«• that Mr» Speight b’/lt a residenee and an adjoini ig surgery f'»r a Dr. Waddle at a rental "f V** weekly. When the *urgery *ll er vtetl :h<rent was fixed at Ssa. The plainti»T arbaequentfy found she bad made an un :ati»f*i*.vr/ deal at Vs Later Waddle w.ld hu. .n.-ff to Johnson and W»«iill*- agreed *.n M..~ Speight to inform Johnson that the rent would « £» a week. Johnson paid tha* am-xint until Jane. l»IO when he move! hi* jjrg.ry to the town- Then John-on inform, t Mr. Speight that he caild r.-t .re hi* w.. - to pay £2 a week and intended y rev. rt to tV rent... paid by Waudle. Mr- Speight rep md hat the r«*r.t co-i!<» not be r,d:~>d In a subsequent, written deri-*K»n the magistrate saal the who'r dispute was whether tb«house cam* within the Act. He had inspected the prrrm-« and was definitely of opinion that ft was a dwe!ling-hou»e It was mentninel a', the hearing that in the original nejctiatjonj for the building for Dr Waddle 30* wa.- to have been the rental, but Utat on account of the -urgery. the rental was fixed at 35e. “ This to my mind is eloquent testimony u. the fact that the H*.'ling-house was the paramount consideration The mere fact of the •argery being detached makes no difference. The premaea. therefore, eome under the Fair Rente Act in my opinion." said the magistrate - Judgment will be for the defendant with •oate Sis.**