A TENANCY CASE
INTERESTING LEGAL POINT MAGISTRATE REFUSES AN ORDER Legal argument was heard yesterday by Mr. F. K. Hunt, S.M., in rhe Magistrate’s Court, in the tenement case of John Esau Miles iMr. T. Neave), against S. Prestidge (Mr. C. A. L. Treadwell and Mr. A. M. Cousins), in which an interesting point cf law was involved. The question the Court had to decide was whether the premises, which consisted of a dwellinghouse, four acres of land, and a cowshed, came within the provisions of the Housing Act, 1920, uhdei- which the Magistrate had power to deal only with dwellinghouses. There was a clause in the printed lease, which, gave to the landlord the power to increase the rent by giving one week’s notice, providing the tenant remained in occupation after the expiry of the notice. The rental was increased from 275. to 325., and subsequently raised to £2, but defendant declined to pay the increases, and tho plaintiff sought to recover the alleged arrears of rent and possession. Mr. A. M. Cousins, for tfio defendant, contended thelt the lease was in respect to the dwelling only, and that the dwelling was not to bs used for any other purpose than a dwellinghouse. The land was not required by the tenant, nnd he had told ithe landlord so, but the latter said he had no use for the land. The tenant had not used the land, which for the most part was covered with scrub. He had, however, allowed an incapacitated soldier the free use of the land to run two cows. The cowshed also was not used by the tenant. The ftu>« that the place was let at 275. per week shorn-., clearly that the rental was in respect of tho house alone, and did not rew-r >*> the land and outbuildings.
The Magistrate: The. strong point is that it is a weekly tenancy, and that seems to indicate that it is an agreement for letlting a dwelling and not a daily farm.
Mr. Neave said that, what was let was a dairy farm of 4 acres, a cowshed, and a dwelling. The property had always been previously let for the purpose of a dairy farm. That was prior to the Wellington Milk Supply Act coming into force, and when small dairymen in tno suburbs milking two or Ithroe cows supplied milk to residents. The milk legislation swept the small subui'ban dairies out of existence. The owner was entitled to 7 per cent, on the capital value of the property, which was worth several thousands of pounds. Counsel maintained that the Act was never intended to apply to a dwelling, 4 acres of land, and a cowshed.
The Magistrate said he had no doubt about the matter. He ’was asked to make an order on this lease, a printed one with 'the landlord’s name printed ini Apparently lie had so many houses that he could" afford to have printed leases. The tenancy was a weekly one, end if. was obvious thalt. the land was an essential part of the contract. O He was of opinion, however, that what was intended to be let under the printed lease was the house, and not the land. He had no hesitation in refusing to make the orders asked for. The defendant was allowed costs.
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Dominion, Volume 14, Issue 122, 16 February 1921, Page 3
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552A TENANCY CASE Dominion, Volume 14, Issue 122, 16 February 1921, Page 3
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