H.—ll.
SERVANTS' REGISTRY OFFICES ACT. There are 92 offices registered in New Zealand (last year 110). The offices appear to be satisfactorily conducted. It may be mentioned that the number of offices registered is now on approximately the same level as in the years prior to 1930. FAIR RENTS ACT, 1936. This Act, the currency of which was extended by the Fair Rents Amendment Act, 1937 to 30th September, 1938, applies to dwellinghouses that are let at a rental not exceeding £156 a year The Act (as amended by the Amendment Act, 1937), which binds the Crown and which does not apply to any dwellinghouse first let after the passing of the legislation, 11th June, 1936, or to premises forming part of a building originally designed and constructed for the purpose of being let as more than two separate flats or apartments, prevents any increase in a tenant's rent during the tenancy except where a fair rent is determined in accordance with the Act. Any such increase can be enforced only pursuant to a Magistrate's order or pursuant to an agreement in writing between the landlord and the tenant and approved by the Inspector of Factories. A Magistrate may determine a fair rent for any dwellinghouse on the application of either the landlord or the tenant. The fair rent is to be such rent as in the opinion of the Magistrate it is fair and equitable for the particular tenant to pay, having regard to any hardship likely to be inflicted on the tenant or the landlord and to all other relevant considerations. The fair rent is not to be higher than the rent paid by the tenant on 27th November, 1935 (the date of the last general election) or any lower rent that has been payable since that date, unless the landlord proves that that rent is in the circumstances, too low. Regulations may be made providing for the filing of the fair rent at' an amount equal to a percentage of the capital value of the dwellinghouse (not less than 4 per cent nor more than 6 per cent, per annum), together with the outgoings for rates, insurance, and repairs' and the amounts (if any) to be allowed for depreciation and as rent of furniture. Such regulations' may apply generally or m respect of specified parts of New Zealand or specified classes of dwellinghouses No such regulations have been issued to date. The fair rent may be altered from time to time, and applies only so long as the tenancy lasts but a new fair rent may be determined for any subsequent tenancy. Other provisions empower the Court to order a refund of what it considers to be excessive rent paid during the six months immediately before a fair rent is determined, declare any rent in excess of the fair rent to be irrecoverable, enable a tenant to recover (or deduct from future rent) any rent that he has paid m excess of that payable under the Act, and prohibit the charging of fines or premiums for letting houses to which the Act applies. It is required that fourteen days notice be given to the tenant before proceedings for possession are commenced, while the grounds on which possession of a dwellinghouse may be obtained are restricted, and the Court is authorized to refuse an order for possession where it is not satisfied that the landlord would suffer greater hardship from the refusal of an order than the tenant would suffer by reason of the grant of an order. Section 63 of the Finance Act, 1937, contained special provisions relating to ejectment, and provided that the Court shall not make an order for ejectment where possession is sought on the grounds that an agreement for sale has been entered into, the purchaser reasonably requiring the premises for his own occupation as a dwellinghouse, unless the Court is satisfied that suitable alternative accommodation is available for the tenant or will be available when the or der takes effect; also that the Court shall not make an order where the premises are reasonably required by the landlord for his own occupation as a dwellinghouse or for occupation as a dwellinghouse by any person m the regular employment of the landlord unless it is satisfied that alternative accommodation is available as above or the hardship caused to the landlord or any other person by the refusal of the Court to make an order for possession or ejectment would exceed the hardship caused to the tenant by the making of such an order. The Court also has discretionary power to suspend any proceedings for as long as it thinks fit, with or without imposing conditions The of the landlord to distrain for rent is also restricted. The Inspector of Factories is empowered to act on behalf of any tenant in proceedings under the Act, and the following table indicates the extent to which tenants have availed themselves of the services of the Department's Inspectors.
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Total Agreements Cases taken to Court. Tenant represented Number approved by Inspector in Town. of y Eviction Proceedings. Other Applica- n ®P e d t e t r ° rS Rent Rent Cases.* tl0ns " Section 21. red * ced - Section 13 L ection 14 . Auckland .. .. 1,957 831 27 114 161 48 77fi Wellington .. .. 2,033 664 48 14 25 74 982 Ciristchurch .. .. 933 388 16 45 11 \ S Dunedm .... 246 50 .. 7 18 171 Other towns .. .. 1,212 515 45 37 35 5 575 6,381 2,448 136 210 465 152 2,970 * These were cases where the Inspector considered that the rent already being paid was justified, or abdications InnT T re lth^ awn as . a result of the tenant vacating the premises, or for other reasons. The total number of applications for the previous year was 3,133. umuei UI
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