RENT AND LODGING.

Taranaki Daily News, 8 May 1918, Page 6

RENT AND LODGING.

OLALM AND COUNTER-CLAIM. At tlic Magistjate's Qourt, New Plymouth, yesterday, ))eforc Mr. A. Orookc, S.M., a claim was made by Mrs Rose Green, o£ New Plymouth, against Mrs. B. Harris, of Aubrey street, for possession of a house and rent amounting to ,!;;! 14s Sd, for the period from April 1 to May 7. Defendant counter-claimed for £8 2s Oil, for lodgings, use of conveniences, electric light, fuel, etc., from February 2 to Mareli 20. Mr. D. Hutehen appeared for the pTaintiff, and MrP. E. Fitzherbert for the defendant. Kose Green, said she was married and had one child- She owned a dwelling on parts sections 213 and 214, Aubrey street, New Plymouth. Witness came to New Plymouth from Christchureb on January 18. and found defendant occupying the house a.t a rental of 14s per week. She lifld taken the house from the previous tenant. The rent had been paid up to April 1. Notice had been properly served on defendant on March H>, intimating that witness required the house for her own use. To Mr. Fitzherbert: She did not know that rent for the month of April had been paid to her solicitor. She might return to Christchureb at some time. Witness had lived in the house with Mrs* Harris for seven weeks, and had paid noth'ms. Mrs. Harris bad refused to accept anything. Witness was not well off. .She wished to stay in New Plymouth and to live in her house at Aubrey street. Her husband had been nut n[ employment /or some time. He was engaged in doing up witness' bouses. She could not sny how long she would remain in New Plymouth.

Mr. Fitzheriiert suggested that plnintifT was using Tier presence in Xew Plymoiith for a short period as a (rick to get. defendant, out of tlse house, and that olaintiff really- had no intention of staying in Xew Plymouth. ITnle&s the premises were, actually required by the owr.er for her own occupancy, the War Regulation prevented an order for possession boin? made. Mrs- Green hod lived with Mrs. Hams, and hail paid nothinor for lodgings. Mrs. Harris had hern ill. and had asked Mrs. Green to leave the house, and it was then in a spirit of viiidiotiveness that the present action was instituted. If the house had been required liy plaintiff for herself, she should have Given notice when she arrived in Xew Plymouth, and not have waited until she had lived seven week* with 'Mrs. Harris without paying anything for lodgings, and then, because she wa s turned out, take the present proceedings.

Mr. Hutchen said lie had no notice that the question of the War Regulations would be raised in the case, and asked that plaintiff he recalled.

P.ose. Green (recalled) said she had a furnished room in Vivian street and use nf conveniences for 13s fid per week. She required her own house for herself. She had ordered furniture with a view of ffohif into her house, possession of which she bad expected to get the previous day.

To Mr. Fitzherbert: Her house in niristchureh was let furnished for two months, with the ris-hf of renewal for a further term. .She had bought some furniture at Oattley's sale and some V-dding and tapestry at Ward's drapery shop. Her husband wag a clerk, but was a handy man. and was at present engasred in renovating her two New Plymouth houses. He had not tried to get work in New Plymouth. She bad 25s per week from the two places after paying expanses. If she lived in the house instead of letting it, she would have

about lis per week to live on in New Plymouth. She had never negotiated with anyone else with a view to letting the house. She had given a married couple authority to inspect the place jvitli a view to purchase. Sho left the house bemuse Mrs. Harris told her to ■sn That was just before notice was served on Mrs. Harris to vacate the phICC/ The Magistrate decided in favor of plaintiff on the application for possession, which was to be given on June 4. Oosts amounting to £1 16s were lowedTHE COUNTER-CLAIM. Mrs. B. Morris said she was a widow with three children. She worked at Miss Stanford's private school. Mrs. Green was her landlady. She came to witness's house early in February, and stayed for seven weeks- During that lime Mrs. Green occupied witness's own bedroom, and also had the use of all her l'limiturc and the conveniences, such as r.ii electric light, fuel, etc. She used witness's own bed linen, and also consumed some of the bread which witness ! ought for herself and her children. She never offered to pay anything all the time she was there. Witness considered that 25s per week was a fair charge for the use of the room and all toe conveniences.

To Mr. Hutchen: Mrs. Green had the use of the whole house while witness was away at work during the day. Sho used witness's fuel, also gas stove, and electric light and the electric iron. She also consumed part of the bread which witness bought during the first six weeks she was there. Only during the last week did she pay for any of the bread sho ate. When Mrs- Green left sho said she did not think she had been much expense to witness. There was cot a stick of furniture in the house that belonged to Mis. Green. There was a- tsiall wooden bracket that formed the top of a. wardrobe, and anyone could go up an/1 see it. Hose Green, examined by Mr. Hutchen, said she occupied the front bedroom, in 'which there was a bed, a washstand, and a couple of mats. Mrs. Harris lent her a couch on which to make a bed for the baby- She used the kitchen and dining room jointly with Mrs. Harris. Sho used the copper, which was outside, and for which she provided the wood herself. She never lit the stove ontfe. She used candles in the bedroom because tjie electric light was too strong for the baby- She had used the electric iron two or three times. WJien she came to stay wih Mrs. Harris she asked her what she would take for the use of the room and the conveniences, and -Mrs. Harris more than onco said bhe did not want anything, as the house was being renovated for her, provided the rent was not raised on ihcr. Tho bread consumed wag taken from a tin in which she and Mrs Harris both kept their bread. They both took from what was in tie tin-Cross-examined by Mr. Fitaherbert, witness said die bad offered, through her solicitor*. 10s per week for the time she wag in the house, but she did not know if the offer hod been accepted. She-had

no furniture in the. house, 'i'hsre were cupboards and shelves which she had put in the place. The firewood she used for the copper consisted of packingoaiej given her by -Mr. Carter, from whom she had punha.-cd a, miaul ity of things. She used the whole house as if it were her own, including Airs. Harris' bedding. The house was heing renovated for Mrs- Harris as the occupying tenant. Thomas Green, husband of plaintiff, who wave evidence, was ero's-examined, and said ho considered ]os a week a. fair offer for tlie m-v-. of Airs. Harris's rooms, notwithstanding that lie and his wife and child were paying 13s fid for the room they occupied at present, and had fewer conveniences than at Mrs. Harris's. He said also that he was renovating the house for Airs. Harris. His AVorship cave .judmnent for 15s per week (£0 ss) and costs ( £1 4s).