FAIR RENT BILL.

Ashburton Guardian, Volume VII, Issue 1853, 29 May 1888, Page 4

FAIR RENT BILL.

By fab the most interesting question which has been taken up by Government during the present session is that of providing means fcr fixing fair rent, of lands held under lea3e from the Crown, or from any public authority. The Bill, which was brought m on Tuesday last, to deal with this subject, and of which the second reading was moved on Friday evening by Mr Hislop goes further than Sir G. Grey's Bill of last session, m that it applies to tenants under Oounty Councils or Borough Councils, Road Boards, Town Boads, Harbor Boards, and River Boards, as well as to tenants holding direct from the Crown, and covers not only the question of annual rental m the case of land bought from tlje Crown upon deferred payments, but also covers tbat of price, hence its title which is '• Tho Fair Rent and Price of Land Bill. A commission is to be appointed for the purposes of the Act, and the word " Commission " Means a Fair Rent Court, which is to consist of a commissioner and two assessors, ono of tbe latter being appointed by the landlord and the oths» by the tenantry, public authority, or tenant, who may apply to have a fair rent fixed, and when either applicant or respondent is absent from the colony or is under legal disability the Public Trustee may be appointed to act on his behalf. Notice of application is to be given to the superior landlord. The Commissioner may take evidence upon oath and its decision is to be that of a majority, of whom the Commissioner must be one. Failing this, that is to say, when both assessors differ from the Commissioner then tbe assessors are to be discharged and fresh assessors: appointed and the application heard d& novo. After hearing the applicant and respondent, or either of them,, and such evidence as may be adduced before it, • and on considering the circumstances of the case and district, the present aud probable future price of produce, permanent, or unexpended improvements, effected, by the tenant and such other circumstances as may be applicable to the case, the Commissioner may determine what is the fair rent of the land or tenements affected by the applir ja^ o]a . and make an order accordingly. £ u t is specially provided that im- rovementß effected by a tenant shal\ n J t fe e ta^ en into account ft* the pur- *0 f increasing the rent payable b :yWnh - Ihe order made by a Cor^—^ may j ncrease the rent payr^ ole hj the tenant at the time of the. application or decrease such tent according as facts and circumstances may seem to justify. The rent fixed by the Commission is to be the rent payable by the tenant as from tho date at which the rent is payable next, after the decision of the Commission, and is not to be altered for a period of three years, but at expiration of that time a fresh application may be made to the Commission tp again fix a fair rent. If the rent fixed by a commission is less than the original rent the tenant is to be entitled at tbe next payment of rent to deduct from the amount of fair rent as fixed by the Commission any sum he may have paid over and above the amount of such fair rent between the date of the notice of application to fix a fair rent and the date when such fair rent was fixed, and when the Commission reduces the rent payable by an under tenant to an amount less than that payable by the direct tenant to the euperior landlord the right of distress of the superior landlord is to be exercisable only to the amount of Buch reduced rent. There is also to be an appeal to the Commission m respect of the price of landa taken up on deferred payments. The Commission may, m such case, i Uike into consideration all such circumstances bo far as they wouj& be takefla into consideration on an application to fix a fair rent, a.nd m addition may consider the nature and extent of the improvements the selector iB required to make during the term of his license. The price, fixed by the Commission is to be tbe amount payable by the selector, and m making its order the Commission may give credit to the selector m respect of payments made under his license previous to the date of his application, and may apportion his future payments m such, manner as it deems equitable, having regard to the total payments originally agreed to be paid. Should the Bill pass both Houses,, as we bopo it will, many tenants of the Crown and public bodies, and many persons who have taken up land on deferred payments and i have covenanted, to payments or prices ' which, are. now higher than m present circumstances are fair and just, will be afforded a ready means oi relief, and it is to be hoped that the chance of the Bill finding its way to the statute book will not be imperilled by the inclusion ojt clauses extending its operations' tp private landlords and tenants. If . this be done it may be regarded as certain that it will be thrown: out by tho } Council. /'