POSSESSION OF A TENEMENT

Pukekohe & Waiuku Times, Volume 9, Issue 541, 18 June 1920, Page 2

POSSESSION OF A TENEMENT

MAGISTERIAL DECISION RE-

SERVED.

CLARKE V. McLENNAN

An application for the ejectment of a tenant, and possession of a tenement, was made by Charles Clarke, hotelkeeper, Pukekohe, against Mrs. M. McLennan, of King Street, Pukekohe, fruiterer, being a married woman, possessed of a separata estate;

Mr. Percy H. Basley appeared for plaintiff, and Mr. H. G. R. Mason for defendant. The statement of claim as set out stated that plaintiff claimed to recover: (1) Possession of a certain shop with dwelling attached, and appurtenances, situated at the coiner of King and Edinburgh Streets, and occupied by the defendant up to the sth day of May, 1920, as a weekly tenant, at a weekly rental of 255, which tenancy has been determined by a legal notice to quit, and demand of possession served upon the defendant, upon the grounds that the premises were reasonably required.by the plaintiff; (2) plaintiff claimed £5 12s 6d for rent and mesne profits in respect of the same premises, from May 3, 1920, to Jun 9, 1920, and thereafter at the rate of 25s per week.

The amount claimed was paid into Court.

In opening the case, Mr. Basley said his client was willing to let Mrs. McLennan have the living-rooms at a reduced rental of 10s per week, provided that she quitted the shop and room attached, which was required to be fitted up for a chemist's shop. He had given legal notice to quit on May s—seven days' notice was given. Mr. Mason contended the notice to quit was hopelessly bad,- because the tenancy was not a weekly one. He pointed out that his client had tried repeatedly to obtain a suitable place, but was always unsuccessful. She had two of a famely, afeed 13 and 14 \ears, and her husband suffered from miner's complaint. Mr. Basley said he was quite agreeable to let Mrs. McLennan have the living rooms for three weeks or a month at 10s per week. The Court adjourned for a few minutes to enable Mr. Mason to consult his client with a view to coming to an arrangement. Upon resuming he stated they were very little further ahead, and His Worship then called on Mr. Basley to prove his case. Charles Clarke, landlord, said he purchased the premises from Mr. Joseph Adams. Mr. McLennan was a tenant, and he took her over from Mr. Adams. On the day of the sale Mrs. McLennan went to him nnd said, "I suppose you'll let me go on, and won't put me out." Witness replied: "Oh, yes, for the time being." The rent was 25s per week. He never collected the rent very often as he did not want to run after the money. Witness required the premises" in order that he could put up a shop for his son. He wrote a letter on April 13 asking defendant to quit the premises on April 30. Subsequently Mrs. and Mr. McLennan came to him and explained their position. Witness said he did not want to be hard on anyone, and told them to do their best. They then left, and later he saw Mr. Basley about the matter. He did not recollect seeing Mrs. McLennan about the matter since then. He was willing to allow Mrs. McLennan the use of the livingrooms at 10s per week for a month. To Mr. Mason: The question of lent was not mentioned by him or Mrs. McLennan. He intended erecting a double shop frontage, but the space would be fully occupied by the stock they intended to carry. Joseph Adams, senr., residing at Paerata Road, Pukekohe, said he was the previous owner of the premises. When the/shop was let to defendant it was at a weekly or a monthly tenancy, but Mrs McLennan elected to pay" weekly. He could not say whether the tenancy was a weekly or a monthly one. He subsequently sold the premises to Mr. Clarke. To Mr. Mason: He could not say which clay of the week the rent was collected.

Mr. Meson raised a non-suit point, contending the tenancy had not been determined. To his mind it was a monthly tenancy, and for that reason established a month's notice was required. Mr. Basley, on the other hand, claimed it was a weekly tenancy as the rent had been paid weekly. He quoted a number of authorities, as ulso did Mr. Mason.

His Worship reserved his decision