HOUSING LEGISLATION.

Digger (Invercargill RSA), Issue 41, 24 December 1920, Page 10

HOUSING LEGISLATION.

A review of the amendments to the Houaing Act made last session has been suppiied by a member of the legal profession, bjr whom the principal changes 0 -Tp /i o+-r> b y -f-V» q -?-» 0 t y 1 r. 0 [ 0 \ 0 1 i Oil h V O 1 6*611 summarised. The powers of magistrates have been widened, and there are several points of importance which both landlord and tenants will do well to note. The reviewer states that until 1916 the law of New Zealand vvas much the same as that of England as to dwellings, in relation to landlord and tenant. If a tenant was a weekly tenant, a week's notice to him, or from him, was- sufficient, but if there was no agreement as to the term of the tenancy or the notice required a month's notice on either side was necessary. 'Ihe war brought changes. Many wives durin,g their husband's absence came to live in towns, and rents went up. Many were turned out to make room for hetter paying tenants, apd to relieve the situation the War Lagislation Amendment Act, 1916, contained provisions against the increa-se of rents.. Rents were fixed at what they were for the dwellings on August 3, 1914, or if not let on that date, ihe last rent paid before that date or the rent paid when first let after that date. Inereases ivere allowed when improvements and additions wrere made cluring the tenancy. This increas,e was fixed at 8 per cent. on the cost of the improvements and additions. In addition to fixing the rents, the Act limited an owner's right to get possession. He could get it only when he needed it for himself or his family, or someone in his employ, or some other ground satisfactory to the Court. A landlord could not increase rept where the increase was allowed unless he gave 28 days' notice to the tenant with certain particulars added. There were other restrictions, but t-hese need not be mentioned. — Protection for Soldiers.— After this many soldiers began to return, most of them ill or wounded, and the difficulty they had in getting housing led to further legislation. The War Legislation Act, 1917, further interfered with the rights. of owners of dwellings let to tenants. A tenant could apply iii writing to have the capital value of. a house determined by a magistrate, in order to have the rent fixed. The Act was made to apply to furnished dwellings, the proportion to be paid in respeet of the furniture to be fixed by the magistrate. The difficulties occasioned by the returning soldiers were not removed, and, in 1918, it waa enacted that no order for the ejectment of a soldier, discharged soldier or the wife or window of

one, should be made as long as the tenant paid the proper „rent and otherwise observed the conditions to be followed. In the case of anyone else but a soldier, his wife, or widow no order for eject- | ment ■ could be made, except where the owner required the place for his own i occupation, or he had sold to another who | wanted to live in it, or some other reason j deemed sufficient by the Court. In the ' ca-se-of a depcndent of a solffier ths Court ! was not to make an order if it would not | be just or equitable, or would be the 8 cause cf undue hardship on the tenant; "Dependant" means the father, mother, Btepfather, a sister's child, stepchild, illegitimate child, wholly or partly depend. ent on the soldier. The Act in ordinary cases only applied to a house the proper rent of which was not more than £104 : per annum. There was more legislation in 1919. By section 56 of the Housing kct it was enacted that the Court may refuse to make an order in any case where it is of opinion that the making of the order #vould cause undue hardship to the tenant. The amendments of the law during the session just closed are contained in the Housing Amendment Act, 1920. They are briefly : The provisions of the Act of 1916 are not to apply to any house first let after the 1920 Act comes into force, that .is, Novemher 9 of this year. That would mean new houses completed after that date. A landlord may apply to a magistrate for relief. The magistrate, after taking into consideration the outgoings in connection with the house, such as rates, insurances, and other expenditure, may fix the standard rent at 7 per cent. net on the value of the house on August 3, 1914. He is also entitled to take into consideration, in fixing this rent, deterioration that could not be made good by repairs. Any rent paid by the tenant in excess of the standard rats fixed by the magistrate may be recovered by the tenant. The payment of any bonus for the purpose of getting a house or the acc,eptance ! of any such bonus or the payment of any money for the purpose of getting possession of the house already occupied by another tenant are made offences and punishable by a fine up to £100. Any moneys paid as such may be recovered as a debt. As another ground for an owner recovering possession any tenant letting a portion of the dwelling house and making a profit out of it may be ordered to give up possession. A magistrate may determine a standard rent of rooms let, whether furnished or unfurnished. In questions of hardship that which the tenant may have to bear in quitting is not the only one. The magistrate may consider the hardsliip that may be suffered l)y the ovmer of the premises in the event of the refu" al to make I an order for his pcsse: sion.