H.—ll

as a shop or office or for business, trade, or professional purposes, though premises let at a rent that includes payments in respect of board, and licensed premises within the meaning of the Licensing Act, 1908, are excluded. The term " basic rent " means, with reference to a dwellinghouse let as such on the Ist day of September, 1942, the rent payable as on that date, and'with reference to a dwellinghouse that was not let on that date, the rent that was last payable before that date, or in the case of any premises first let as a dwellinghouse after that date, the rent first payable in respect thereof. Increases on the basic rent are possible in two ways —viz., as a result of a determination by a Magistrate of a fair rent that is higher than the basic rent, or as a result of an agreement in writing between the landlord and the tenant, this agreement requiring the approval of the Inspector of Factories. Apart from amounts so authorized, increases in the basic rent are irrecoverable. In fixing a fair rent a Magistrate is to have regard to the relative circumstances of the landlord and of the tenant. Such fair rent is not to exceed the basic rent unless the Magistrate is satisfied, by evidence produced by the landlord, that in the special circumstances of the case it is fair and equitable that the fair rent should exceed such basic rent. In the case of premises to which the Act applied pior to the operation of the 1942 amendment, the fair rent is to be fixed with reference to the " basic rent " under the repealed sections. The 1942 amendment prescribed special conditions in connection with recovery of possession by servicemen as defined in the Rehabilitation Act, 1941. Pursuant to section 13 of the Statutes Amendment Act, 1943, the wife or widow of a serviceman tenant or landlord is placed in the same position as a serviceman tenant or landlord, as the case may be. Thus a serviceman (or wife or .widow of a serviceman) landlord has an absolute right to possession of a dwellinghouse where he occupied the premises as a dwellinghouse until he vacated them for the purpose of serving as a serviceman, provided, however, that the tenant is not a serviceman or the wife or widow of a serviceman or a dependant of a serviceman. Where the tenant is a serviceman or the wife or widow of a serviceman or a dependant of a serviceman and the landlord is a serviceman (or wife or widow of a serviceman), the right to possession is to be determined upon the basis of relative hardship. In the case of a tenant being a serviceman or the wife or widow of a serviceman, and a landlord not being a serviceman, possession can be secured by the landlord only on one or more of the following grounds (а) That the tenant has failed to pay the rent lawfully payable in respect of the premises or has failed to perform any other conditions of the tenancy ; (б) That the tenant has failed to take reasonable care of the premises or has committed waste ; or (c) That the tenant has been guilty of conduct that is a nuisance or annoyance to adjoining or neighbouring occupiers. The Statutes Amendment Act, 1943, also provided that on the death of a tenant the surviving wife or husband is entitled to the protection of the Fair Rents Act, 1936, as if she or he had been the tenant. Under the Economic Stabilization Emergency Regulations 1942 it is required that a register, containing certain particulars be kept, this register to be produced for inspection. Further, every person commits an offence against the regulations who stipulates for or demands or accepts for himself or for any other person on account of the rent of any dwellinghouse any sum that is irrecoverable by virtue of the Fair Rents Act, 1936.

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 : —

The Department investigated 877 alleged infringements of the statute. In 98 cases the investigation showed that no infringement had occurred. Court action was taken in 3 cases involving the action of the landlord in letting or selling the property within six months when possession had been secured on the grounds that the premises were required for the landlord's own occupation, also 1 case where there had been a refusal to let a dwellinghouse to an applicant with children. Fines amounting to £14 were imposed; 1 case was dismissed. Earnings were issued in 465 instances. ECONOMIC STABILIZATION EMERGENCY REGULATIONS 1942: STABILIZATION OF RENTS Inspectors of Factories have been appointed as " authorized persons " in terms of the regulations. In this capacity they have dealt with 184 agreements covering increases of rent. Approval was given in 156 cases and declined in 28 cases. Complaints that the regulations had been infringed were received, 67 cases being dealt with. OCCUPATIONAL RE-ESTABLISHMENT The regulations were further amended during the year (see Serial number 1943/102). This amendment brought specifically within the scope of the regulations members of the New Zealand Armv Nursing Service, New Zealand Women's Army Auxiliary Corps, Now Zealand Women's Auxiliary Air Force, Women's Royal New Zealand Naval Service, and Women's Land Service. Thus, as far as women serving with the Armed Forces are concerned, any doubts that may have arisen as to the application of the regulations to them are removed.

11

Tenant represented in Pa rah whprp rmirt Ca8es where Eviction Proceedings Agreements under XX" "Sri" Notic <* to Total Section 21. Fbcation of Fak Jsettled Town. Number of involved. without Notice to quit Applications. Reference to TnvnivW withdrawn or j Court (otlior , w t b abandoned as than Agreed r, ro o eedi n„ 8 a Result of , I Not Owner's Tenant's Increases). o eeui gs. inspector's App approved. Application. Application. Intervention. Auckland .. 1,900 740 37 59 302 535 307 4 Wellington .. 1,750 335 19 40 351 554 230 221 Christchurch . • 640 172 7 (il 24 287 00 29 Dunedin •• 233 05 3 4 3 110 25 17 Other towns . . 012 210 13 25 27 228 50 53 Totals .. 5,231 1,528 79 189 707 1,720 084 324