HOUSE OWNER’S CLAIM

Gisborne Herald, Volume LXVI, Issue 19985, 10 July 1939, Page 14

HOUSE OWNER’S CLAIM

ACTION FOR POSSESSION ALLEGATION OE WASTAGE An action of interest to owners of houses which are tenanted came before the Palmerston North Magistrate’s Court when Miss IVI. Roots sought possession of a house occupied by H. Mangham. The application was based on thg rent being in arrears and on the ground that Mangham had not taken reasonable care of the premises and had committed wastage.

The evidence of Miss Roots and her witnesses was to the effect that a portion of a hedge planted as a windbreak had been denuded of its branches, leaving bare trunks, that the wall of a porch had been knocked down without her consent, and that coal ashes had been thrown about the garden and other rubbish left in heaps. Her contention about «the rent was that it had to be paid in advance.

Evidence for the defence disclosed that the rent was up to date. As regards the porch wall, it was contended that an improvement had been effected, while the trees had been cut back to tet in sunlight. Mrs. Mangham agreed that it might have been a little unfair to demolish the porch wall without first consulting Miss Roots. She added that twice a gardener had been employed to clear the place up and the grounds compared favourably with what they'were like when the house was taken over. Mr. H. P. Lawry, S.M., reserved decision, stating that he wanted to look into the legal position as to what degree of waste had to be substantiated for him to grant an order for possession.