LOOKING FOR A HOUSE.

Taranaki Daily News, 10 September 1921, Page 4

LOOKING FOR A HOUSE.

A TENANT'S ENQUIRIES. EVIDENCE IN TENEMENT CASE. A claim *for possession of a tenement occupied the attention of Mr. A. M. Mowlem, S.M., in the New Plymouth Magistrate’s Court, yesterday morning. The plaintiff, Mrs. Jane Cattley, sought an order against Mrs. Minnie R. Jones. The case, which was partly heard by Mr. C. .R. Orr Walker, 8.M., some weeks ago, had been adjourned to enable defendant to continue her search for a house. The position of the parties was somewhat peculiar, as the plaintiff, who was a sub-tenant, had purchased the freehold, and was suing the tenant for possession. Mrs. Jones, who had lived in the house for some years, last November sub-let two rooms to Mrs. Cattley at 25s per week, but in April she gave notice to quit. Mrs. Cattley then set out to buy a property, and eventually decided on securing the house tenanted by Mrs. Jones. The latter, in turn, received notice in April that Mrs. Cattley required the house. For the defence, Mr. Bennett raised the question of whether the house was reasonably required by Mrs. Cattley, and asked if there would be any hardship it plaintiff was allowed to continue occupying part of the dwelling as at present. He pointed out that Mrs. Jones was dependent for a living on A subletting, and therefore could not go into .rooms herself. Defendant gave evidence, as to her efforts to secure r a house, and said that in the course of her enquiries ehe had seen practically all the agents. She had scanned the to-let advertisements, and had also advertised for a,house, but got no replies. Cross-examined: She had not tried to get rooms, as this would not suit her. She did not think she could secure an unfurnished roohi for less than £1 per week. Her idea was to get a house Of 5 to 7 rooms in order that she could make something by sub-fetting. Asked by His Worship if she could offer any solution of the difficulty, defendant said she thought she could get a house within the next two months. There were a number of houses in New Plymouth standing empty; the owners wanted to sell, and would not let. As houses were not selling so well now she thought it was reasonable to assume that probably some would be rented before long. She believed the Cattleys had really bought her house because she , gave them notice to - quit the rooms; they had a better property offered themf but did not accept. His Worship: It is rather a lot to expect a man to spend over £BOO merely for the purpose of obviating a notice to quit. Evidence was given by F. P. Oorkill as to Mrs. Jones’ enquiries for a house. He said she was quite anxious to get out if she could Sind a suitable place. One house which came under notice was offered at £4 5s per week, and he understood it had since been let at that figure for the purpose of sub-letting. His Worship said the circumstances of the case were no doubt extraordinary. As he understood it the law before the war legislation was passed gave an owner a perfect right to possession of his own property; until this Act a tenant had no rights at all. The war legislation provided that possession could bo given on the grounds that an owner reasonably required a dwelling for his own occupation, or on any other grounds that might be deemed sufficient by the Court making the order. In this case the position between owner and tenai... was intolerable. The tenant was desirous of getting exactly what she wanted, and was apparently not prepared to put up with any temporary inconvenience to obey the notice to quit. Gf course her circumstances were entitled to greater than those of most tenants. An order for possession would be made a mouth hence.' It was peculiar that defendant had not obtained some house out of those offering. There was evidently an undercurrent of feeling between the parties.