HOUSE TENANCY

Marlborough Express, Volume LXXVI, Issue 240, 12 October 1942, Page 4

HOUSE TENANCY

RIGHTS OF SOLDIERS. LEAVE TO EJECT REFUSED. A judgment of vital importance affecting the position of families of men serving in the armed forces was delivered in Napier by Mr J. Millei, S.M. in respect of an action heaid in chanibers in which the purchasei of a house sought leave to issue a summons against a soldier and his wife for possession of a tenemeni. The application was dismissed. _ Delivering judgment, the magrstrate pointed out that the case was not governed by the Fair Rents Act, and that his judgment was being given in accordance with the Debiors' Emergency Regulation, 1940. The tenant in the case, stated Mr Miller, was not the usual defaultmg tenant who appeared in tenancy cases. He v/as a good tenant and paid his rent. He had considered the evidence given, and considerea that it was not equitable to give leave in the case, although there wpuld doubtless be cases in which leave shnnlri be eranted.

The applicant in the case hacf soia her home, and, within a fortmght, bought a similar class of house occupied by the defendant. In this, the purchaser had taken an unwarranted risk. It had been suggested that the applicant be given an opportunity of finding another home for the defendant. "If this were granted," added tne magistrate, "it would lead to^ ejectrnents, in most cases, of families oi overseas soldiers, and perhaps subsequent ejectments if the new homes were again similarly resold. There would be added hardship to sucxi families in moving to changed surroundings from a friendly lieigbbourhood," Mr Miller continued. "Moreover," he said, "there would be the expense and worry of repeated moves." _v