TENEMENT CASES.

Taranaki Daily News, 20 July 1920, Page 7

TENEMENT CASES.

COURT LITIGATION. There were three tenement cases before Mr. T. A. B. Bailey, S.M., at the New Plymouth Court yesterday. ORDER FOR POSSESSION MADE. A claim for £22 10s (arrears of rent •and rates) and possession of a tenement, was preferred by the Whiteley Trustees (Mr, Quilliam) against Thomas Duffiu (Mr, Fitzherbert). The secretary to the Trustees (W. A. Cojlis) gave evidence as to the terms of the .tenancy, stating that the agreement was that the defendant was to quit the dwelling at a month's notice, but as a matter of convenience it was arranged to pay the rent half-yearly, the same as tae rates. Up to May 31st the sum of £22 16s was owing. To Mr. Fitzherbert: He heard Duffiu mention something about having to instal water instead of the tanks, but did not know about the defendant having also put in a new range. There was no application to the Trustees to do this work, but if he had brought the matter before their notice, witness was sure •they would not have acceded to the request without raising the rent. Evidence as to serving notice to quit on Duftin was given by Edward McManus, law clerk. Thomas Duffin, carrier, etnplpyed in New Plymouth, said he was a married man with six children. He denied receiving any notice to quit from the previous witness, who was a stranger to him. He was willing to pay the rent, but considered that he had a counter-claim for installing the water. The borough inspector condemned the'tanks, and witness had to carry water for his household for six months. As he could wait no longer he paid for the work himself. ! To Mr, Quilliam: The water installed was about six months ago. He had brought the matter of payment before J Mr. Collis, tut had always got an «vsv • ive answer. '■

To His Worship: He had been under the impression that he was taking the property <>a a lease, and did not >.now this was not the case until he had b*en in occupation some time.

Judgment was given for the amount claimed, with coats £2 ss, and an order was made for possession within fourteen days. His> Worship remarked that if defendant paid his rent the Trustees 7'ouM possibly make some anwrsw-eai with him. AN ADJOURNMENT ORDERED. The next dispute was a straight out claim for possession by Florence Mary Shaw {Mr. Croker) against Q. Iteilfy (Mr. Fitzherbert). Mr. Croker said defendant had received notjce to quit a good many months ngu, the first occasion being on 20th Marc'i On Dth May a second notice was served. Subsequently, however, Mrs. Shaw's agent accepted some rent, and, learning of this, the plaintiff withdrew the summons. On 25th May, by registered letter, a further notice was issued. Defendant had been posting rent by registered letter, and he had been advised that this was being held at his own risk, but was not being accepted as' rent. Charles Francis, settler, New Plymouth, said he was the purchaser of the property in which Riley was living, Witness himself was being threatened with ejectment from the property he now occupied. Some time ago he met Riley and suggested sharing the house, but the latter refused on account of his wife's expected illness. He saw Riley on another occasion, but they had not been able to arrive at an agreement.

To Mr. Fitzherbert: Riley had told him that he had advertised to try and get a house. Witness had not bought or sold any houses in New Plymouth within the last twelve months. Mr. Fitzherbert put in letters regarding defendant's efforts to get a house, and also a. medical certificate regarding Mrs. Riley. • Qeorge S. Riley said he had made, several attempts to get a house or rooms, but there were always some people ahead of him. In Teply to His Worship, witness said he wanted an agreement, if he shared the rooms, that Francis would not put Mm out. Subsequently the case was adjourned for a week, His Worship's suggestion being that Riley should be given a guarantee from Francis that he could stay in the house for three months, with a notice at the end of that time of a fortnight or a month. A SOLDIER'S PURCHASE. Emmalena Russell claimed Tent, '£i and possession of a house from Olive Vau de Water. Mr. Croker (instructed by Mr. Grey) appeared for plaintiff, and Mr. Billing for the defence. The sum of £3 had been paid into Court in respect of the claim. Mr. Croker said that Mrs. Russell had . bought the property thirteen months aga, but the tenant had retained possession on. the plea that she was unable to obtain another house or rooms. Being unable to obtain possession, however, the house had now been sold by Mrs. Russell, the purchaser being T. B. Paton. The purchaser of the house, Thomas Baxter Paton, timber yard employee, returned soldier, said he brought his wife with him from England but had not been able to get a house yet. Their child, was a few months old. At present they were sharing a five-roomed house with six others, with a probable seventh staying at the house soon. He wag prepared to give Mrs. Van de Water the two front rooms at 15s per week. His Worship was of opinion that the offer of two rooms was a very reasonable one, and'adjourned the case for a week to give the parties an opportunity of coming to a settlement.