TENANCY CLAIM

Rotorua Morning Post, Volume 2, Issue 273, 13 July 1932, Page 6

TENANCY CLAIM

LANDLORD RAISES OLD CLAIM FOR ONE MONTH'S NOTICE. JUDGMENT FOR DEFENCE. Proceedings to recover an old rent account were brought by T. H. Sloane (Mr. J. D. Davys) against K. Motors, Ltd. (Mr. W. A. Carter), before Mr. S. L. Paterson, S.M., yesterday. It was sought to recover £10, balance due on one month's rent. The company occupied an office ,on the corner of Pukuatua and Tutanekai Streets, and after paying up all rent left the premises on one week's notice. Plaintiff considered that he was entitled td one month's notice, or the equivalent in rent. The account was two and a half years old. P. A. Kusabs, managing director of K. Motors, Ltd., said that he had asked plaintiff for a lease or monthly tenancy, which had been refused. Sloane had declared in the office that they could have the premises from week to week so long as they beh'aved themselves. Lesli'e J. O'Brien remembered Mr. Sloane being asked for a lease and refusing, saying they could have the place from week to week. Mr. Paterson held that by the original arrangement the company had the premises for £2 a week, which in law implied necessity for one month's notice. Later, however, the plaintiff inereased th'e rent to £3 a week, but refused to lease and said the company might retain possession from week to week. Those words instituted a new week to week tenancy, and judgment would therefore be for the defendant company, with costs 3s, witnesses' expenses 14s 6d, and solicitor's costs £1 ls.