FAIR RENTS CLAIM

Waikato Times, Volume 122, Issue 20512, 31 May 1938, Page 10

FAIR RENTS CLAIM

LANDLORD NON-BUITED CONTRACT HELD ILLEGAL An action concerning the Fair Rents Act was heard before Mr S. L. Paterson, S.M., in the Magistrate’s Court, Hamilton, this morning when Bernard Smyth, of Frank ton (Mr R. W. Bennett) claimed £lO 14s 3d from J. Crozier (Mr A. L. Tompkins) as rent owing from December 20 to March 5. Plaintiff said on November 21 he was asked by defendant’s daughter to rent his house in Colombo Street and later he was interviewed by defendant. The dwelling was rented to defendant at £1 per week, but an arrangement was made by which plaintiff could use one of the rooms and secure his meals in lieu of rent for a few weeks. This arrangement was to continue until he finished work on an adjoining section. After about a month he vacated the room.

In reply to the magistrate witness said no rent was paid from December 20 when he vacated the room, until March 5, when defendant left the house.

To Mr Tompkins, witness admitted that he took action against the previous tenant for possession of the house, on the grounds that he needed it for his own use. He also intimated to Crozier that he would board in the house for some time. After witness left, the rent of £1 per week was to continue. He called for the rent but it was not forthcoming. Mr Tompkins submitted that the Fair Rents Act did not allow a landlord to let a house within six months of his gaining possession under a representation that he required it for his own use. Therefore, the tarrangement of letting was illegal under the Act, and could not be enforced. Judgment could not be given on an equity and good conscience clause, owing to the illegality of the contract. Smyth had not fulfilled his obligation to occupy the house for six months. The magistrate non-suited plaintiff.