LANDLORD & TENANT.

Dominion, Volume 7, Issue 1899, 6 November 1913, Page 6

LANDLORD & TENANT.

— DISPUTE OVER REBUILDING WORK (By Teleerajh—PfcEa Association.) Duncdin, Novombor 5. At the Supreme Court to-day Mr. Justice Williams Qieard argument, in tho case of the City Corporation' y. Mary Shalimar Bond and others, in which it was contended on behalf of plaintiffs that tlio full, rates should bo paid on a property in Princes Streetwhile defendants 1 view was that sis months' rates only were recoverable. The facts of-the ease aro that tho front wall of ail old building was stated .to be u&safe, and leaving tlie back portion, of tho 'building' alone the owners demolished tho front portion and rebuilt •it, leaving tho lack portion atone. It was arranged between the landlord and tenant that when the place was rebuilt a now lease should bo prepared. Mr. W. 0. Maogregor, for tho corporation, contended that- tlio _ promises did not come within t!ko Section 64 of the Rating A«t, 1908. Tlio buildings had not remained realty vacant ana unoccupied. The lessee did not pay for tho back building whilo operations were going oil; From M&rch> 1912. till April. 1913, the placo was in tho liands of tho contractors, so there was no tenant ill 1 occupation, and no rent bomg paid, but it was not a case m which the section applied, as it contemplated that thoro should bo an existing building, which' remained unoccupied for not less than six months, and tlion rooccupation of that building on expiration of tho vacancy. The fact that the owners remained in occupation by their /contractors meant that they remained in beneficial occupation. Mr Nichol, for defendants,, contended* that Section■ 64 had. been inserted for the purposo of removing a hardship and should have a literal construction placed upon it. If the owners had left the old building' Vacant for six months thoy would havo been entitled to exemption, but when %ir attention was drawn to tlio fact that tho buildmi, was unsafe they immediately commenced rebuilding. Mr. Nicl.ol contended that the section should bo ltbeiallj applied to cases of this kind. Tl» intention of the taken into consideration. His iionour intimated that ho would take time to consider liis decision.