FAIR RENTS ACT

Hawke's Bay Herald-Tribune, Issue 116, 2 June 1937, Page 4

FAIR RENTS ACT

—Press Association.)

Definition of a Landlord

(Bj Telesrapc-

WELLINGTON, This Day. "I am satisfied that the plaintitf reasonably requires the residential portion for his own use and occupation, and. that in the circumstances qf the case he is entitled to an order of possession if he is a landlord within the meaning of the Fair Rents Act, 1936," said hlr J. H. Lnxford, S.M., Wellington, in his judgment on a case which hinged npon the definition of the term "landlord." . Described by the magistrate as presenting several nnusual features, the case was one in which C. A, Hart, the defendant, became the monthly tenant of the residential portion of a combined shop and dwnlling, under an agreement with the owner of the freehold. The owner subsequentiy entered into a contract with the plaintiff, J, M, Irving, to grant hira a lease of tlie wliole premises for a period of two years. The plaintiff entered into occupation oi; the sbop portion of tlie premises, and gave the defendant notice to quit the residential portion as he required it for his own use. The judgment stated that the premises were subject to Part 1 of the War Legislation Act, 1916, as amended by section 9 of the Housing Amending Act, 1921, and under the Act a landlord was defined to include "any person from time to time deriving title under the original landlord." "The Fair Rents Act, 1926, does not define the word landlord at all," said the judgment, "it must therefore be read in its usual and ordinary sense, namely 'the person entitled to the immediate reversion of the premises,' "The tenant has recognised the plaintiff' s title and paid rent to hani; there has been an attornment to the plaintiff and tlie defendant cannot dispute Ips title." The defendant was ordered to give the plaintiff possession of the premises witliiu 21 days of June 1.