POSSESSION AND RENT

Bay of Plenty Beacon, Volume 8, Issue 31, 8 December 1944, Page 5

POSSESSION AND RENT

DRASTIC OHOPE CASE

FAMTLTED MAN'S PipBLEM

An action for £41 rent arrears and possession of a house at Ohope was instituted by T. R. Goodwin (Mr Smith) against F. Hagan (Mr Barry) in the Whakatane Court before Mr E. ■L. Walton last Tuesday. The drastic nature of the casle was iiieveaidd by the fact that dea married man with six children was already serving a term of detention as a result of a prior action for debt. Thomas Patrick Dowling, land agent, of Oliope > said that he was acting on behalf of plaintiff who had let the house to defendant for 25s ppr week. Since July 1 de-< fendant had omitted to pay vent which now totalled £51. His family was still in possession and there, appeared to be little, or no prospect of his getting any satisfaction. Witness alleged that the house and furniture were also being treated carelessly whilst the grounds were neglected. Had witness been able to let the house over the Christmas holidays he could get £5 per week for six weeks. Mr Barry pointed out that defendant had' put in a long period in hospital when he suffered from rheumatic fever. As result of. this he was not able to stand long hours of work and received the minimum pay from the Paper Mills where lie was employed. The family had been dogged by illness and had slipped hopelessly into debt. The financial aspect had preyed upon his mind so much that defendant with his wife and six children could sec no hope of meeting his commitments. The Magistrate said that under the circumstances he could not make *an order for possession but would enter the claim for rent arrears. Costs amounting to £3 Is were, aln lowed.