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H—ll

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 prior to the operation of the 1942 amendment, the fair rent is to be fixed with reference to the " basic rent " under the repealed sections. Under the Economic Stabilization Emergency Eegulations 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 Eents 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 660 alleged infringements of the statute. In 122 investigations it was found that no infringement had occurred. Warnings were issued in 271 cases. Court action was taken in 8 cases, convictions being secured in all but one of the cases. Fines imposed amounted to £7O 10s. Two of the cases were in respect of a refusal to let a dwellinghouse to an applicant with children (section 9, Fair Eents Amendment Act, 1942), 2 for requiring or accepting a premium or other sum in consideration of the grant of a tenancy (section 11), and 4 for accepting or demanding rent in excess of the basic or fair rent. Amendment to Faie Eents Act, 1936 Under section 25 of the Statutes Amendment Act, 1945 (which superseded the Fair Eents Emergency Eegulations 1945 (Serial number 1945/106)), an Inspector of Factories is given authority to approve the agreement where the occupier of a dwellinghouse agrees to let any part thereof to a serviceman and the parties agree in writing that the Fair Eents Act shall not apply to the premises so let. Fifty-four such agreements were submitted to the Department. Of these, 52 were approved and 2 refused. Economic Stabilization Emergency Eegulations 1942 : Stabilization op Eents Inspectors of Factories in their capacity as " authorized persons " in terms of the regulations dealt with 1,070 agreements covering increases of rent. Approval was given in 965 cases and declined in 105 cases. Sixty-three complaints that the regulations had been infringed were received and dealt with. One prosecution was instituted. A conviction was secured and a fine of £2 imposed for demanding a sum that was irrecoverable by virtue of Part 111 of the regulations.

16

Total Number of Applications. Agreements under Section 21. Cases where Court Proceedings for Fixation of Fair Rent involved. Cases where Demand for Increased Rent settled without Tenant represented in Eviction Proceedings or Notices to quit. Town. ■a" ft p, Notice to quit s o 11 Reference to Court (other Involving Court Proceedings. withdrawn or abandoned as o & "n «8 a§ than Agreed a Result of ft Increases). Inspector's ft & o H Intervention. Auckland 2,208 847 28 133 122 834 236 8 Wellington .. 1,916 264 83 33 241 758 228 309 Christehurch.. 602 133 10 73 34 262 78 12 Dunedin 237 95 9 27 3 63 27 13 Other towns.. 905 372 42 45 23 274 76 73 Totals .. 5,868 1,711 172 311 423 2,191 645 415

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