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Waikato Argus, Volume V, Issue 368, 8 December 1898, Page 1 (Supplement)

The Wanganui Herald gives details of a case iu which an absurd anomaly in the law a 3 to lessees is illustrated. A little over twenty one years ago Mr David Murray, who has established a large iron foundry and engineering business in Wanganui, leased a piece of the Industrial School Estate Ifroni the trustees for '2l years, at a rental of £l6 10s per annum. The lease contained no covenant that any improvements should be made further than the planting of a few gum trees. Mr Murray, however, built four cottages on the section and a large stable, costing in all about .'J 1000. When the lease had nearly expired he applied for a renewal, which was refused, although he offered a considerable advance on the rent he had paid, but was called upon to pay a large sum (CI50) to put the houses in good and tenantable repair. The law. it happens, was against Mr Murray, as where a tenant who is under no compulsion to build docs to, the conveyancing ordinances lay it down that there is an implied covenant to keep and give up the buildings in a state hi good tenantable repair. How many people in New Zealand arc aware of this, outside the legal profession ? Vrry few, we feel satisfied. The magistrate who heard the case evidently sympathised with Mr Murray, saving that, although as far as the legal aspect of the case was concerned, defendant had no defence, he thought tint on moral grounds Mr Murray was entitled to consideration. Eventually judgment was given for less than one third of the amount claimed.