RIGHTS OF TENANTS.

Taranaki Daily News, 30 June 1922, Page 5

RIGHTS OF TENANTS.

NO PROTECTION FOR EX-SOLDIERS. ON SAME BASIS AS OTHERS. AN IMPORTANT JUDGMENT. By Telegraph.—Press Association. Wellington, Last Night. An important judgment was given today by Sir John Salmond, in a test case, Wi. Robinson v. A. Laurie, a landlord, the effect of which is that soldier tenants are now, in respect of all premises occupied by them, whether as dwelling-houses or as shops, in the same position as any other tenants. It was an appeal against' a decision by Mr. Hunt, S.M., and had to io with a combined shop and dwelling-house. It was contended on appellant’s behaj that, even though the special protection previously afforded soldier tenants in respect of dwellings might no longer exist, . returned men or their dependents within the meaning of the Act still retained special protection afforded by Section 13 of the former Act in respect of shops, notwithstanding the provisions of the new Act. After referring to the wording of several Acts and amendments, His Honor said: “If, therefore, the special protection conferred on his actual dwelling-house by that action has disappeared by expiry or the implied repeal of an earlier portion of the section, the protection of his constructive dwelling-house must have disappeared also. In the absence of sub-section (1) of section 13 as to dwelling-houses, sub-sectiou (6) as to shops would be inoperative, as it is not a self-contained and independent provision. It means merely that a soldier shall have the same protection for his shop as is conferred upon him by section 13 in respect of his dwelling-house, and if section 13 no longer confers any such protection in respect of his dwelling-house, it cannot do so in respect of his shop either.”