Somerset County Herald 11 Mar 1950 Hotel Owner's Poor Health Basis of Taunton Tenancy Action includes Mrs Hilda Mary PURCHASE of Gotten Cheddon Fitzpaine

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Somerset County Herald and Taunton Courier Saturday 11 Mar 1950

Page 3 Column 4


Hotel Owner's Poor Health

Basis of Taunton Tenancy Action

Mrs. Laura Mary SHIRE, proprietress of the Melville Hotel, Middle-street, Taunton, applied to Judge H. M. PRATT, at Taunton County Court, on Monday, for possession of Melville Cottage, adjoining the hotel, which is occupied by Mrs. Margaret PALMER, a widow, aged 74.

Mr. J. W. CRONIN, representing Mrs. SHIRE, said she owned Melville Cottage and let it to Mrs. PALMER on a four-weekly tenancy at 12s a week, the landlady paying rates. Notice to quit expired on January 31st. The cottage was reasonably required by plaintiff as a residence for her son. Mrs. SHIRE's health was not good since her husband died last December, and her doctor considered that her son and daughter-in-law should be immediately at hand to look after her and assist in the business. They were now staying at the hotel, but the rooms could not economically be let to them.

Evidence was given by Mrs. SHIRE and by Dr. W. P. FOSTER, who said plaintiff suffered from high blood pressure. A member of the family should always be available to assist her.

Mrs. Minnie Edith Doreen SHIRE, daughter-in-law of plaintiff, said she had given up a Civil Service post at the Admiralty, Creech Barrow, and had left her home in Albemarle-road to be with her mother-in-law. Witness's husband was an ex-prisoner of war and was registered as a disabled person.

QUIT NOTICE NOT VALID

Mr. D. W. COOPER, representing Mrs. PALMER, produced a medical certificate that she was unable to attend Court.

Her daughter, Mrs. Hilda Mary PURCHASE, of Gotten, Cheddon Fitzpaine, said her mother was waiting to go into hospital for an operation, and afterwards her mother would be looked after at Melville Cottage by another daughter. Witness added that her own home was required by the landlord and she had received notice to quit. Her mother had lived in the cottage 11 years.

His Honour upheld a contention by Mr. COOPER, that the notice to quit was not valid, as the tenancy was a calendar-monthly one and not four-weekly, as the plaintiff maintained. Has <sic> this obstacle not existed (the Judge added), he would have been prepared to say that the greater hardship would be caused if he made a possession order against Mrs PALMER, an old lady with a small income who had to be looked after. He thought it might be possible to allow the son, daughter-in-law and child two rooms, at the hotel.

Judgement was given for Mrs. PALMER with costs.


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<NOTES: Mrs Laura Mary SHIRE is Laura Mary or Lora Mary HAKE daughter of Eli HAKE and Mary BOARD, married Arthur Alick or Arthur Alec SHIRE>