LANDLORD AND TENANT

Dominion, Volume 11, Issue 29, 29 October 1917, Page 3

LANDLORD AND TENANT

RESERVED JUDGMENT

Reserved judgment was delivered on Saturday morning by' Mr. S. 6. Al'Carthy, S.M., in (lie Magistrates Court in the case in which Christopher ilobbs proceeded against Ellen Jane Keosby, claiming possession of' portion of a ihveUinghuu-e with stockyards and outbuildings situate at Nni Nai, Lower Hutt, and also ifl 10s. for rent. Ihe defendant counter-claimed £15 for damages alleged to have been sustained by her by reason of the plaintiff having unlawfully interfered with her rights to quiet- enjoyment of the before-mentioned premises. The defendant paid into Court the sum of .£3 10s. rent due. The Magistrate held that mere non-payment of "rent docs not, in the absence of a proviso for re-entry, justify a determination of a two years' term before expiry thereof. Where the rent has been tendered to and refused by the landlord befoic notice of determination has been served, the landlord cannot avail himself of the tenement clause of the Magistrate's Courts Act, 1008. Whore the domestic privacy of tho tenant has been invaded by the landlord, and the invasion has been attended with insult and outra"e punitive damages would be awarded. Whore a landlord wrongfully evicts tho tenant, the former could not bo permitted to treat such eviction as a termination of the tenancy. Judgment was given for plaintiff tor £3 ids., amount of rent due. On tho counter-claim, judgment was given ior defendant for .£3O. No costs were awarded cither party. At tho hearing, Mr. P. W. Jackson appeared for the plainliff and Mr. Ji. V. Bunny for tho defendant, Mrs. Hereby.