Possession Of House Given Elderly Couple

Chronicle (Levin), 2 November 1949, Page 6

Possession Of House Given Elderly Couple

WELLINGTON, Nov. 1. In an oral judgment (lelivercd by the Chief Justice (Bii Humphrey O'Leary) in the Bupretue Court, Gisborne, recently an onler was made for the possession of a house to the owuer, an 82-year-olu beneliciarv who with his wife, who also is over 80, had received uotice to quit the house they were living iu. The Chief .Justice found the onus was 011 defendants to prove that theii hardship was greater than plaiutiiTs Blaintiir and his wife would be £34 a \ear better off if they lived in theii own house because tlie rent received from it reduced. their fSocial Becuritv lieneiits while no allowauce Avas received for rent paid out to their landlord. Defendant, his wife and oue of twc sons were working, their combiued in comes being £14 ls 6d a week, but they were unable to find altemative aecom modation. Plaintilf had owned tlu house for two years immediately }>re ceding the dat.e of the application foi possession, aiul being an age bene ficiary was not required to prove that suilable alternative accommodation wai available to the tenant or that his hardship if the order was refusod woulc * exceed that of the tenant if the ordei | was granted.