Waste brought by an abbot; and he counted how the defendant had committed waste in various things in lands leased to him by his predecessor for a term of years; and assigned as waste . . . the permitting of a certain house to fall . . .
Also the non-covering of a house is not waste except for the ‘putrefaction’ of bare timbers for lack of roofing of a house . . .
And it was adjudged that one who holds for the same term is punishable for permissive waste, where he allows a ruinous house to fall down where the house was not ruinous at the time of the initial lease. But if the house was ruinous at the time of the initial lease and falls down during the time of one who holds for such a term there is no remedy for the initial lessor because he does not have nor could he have any cause of action against anyone in this case. But where the house was in good repair at the beginning and after becomes ruinous he in whose time it falls down will be punished during the lifetime of the lessor or his lessee . . .
And it was held by all the justices that if I lease a house for a life term or term of years if the house is not roofed at the time of the making of the lease the lessee is not obliged to roof it; and also if the house is ruinous at the time of the making of the lease this is good matter for the termor to show in a writ of waste. . .
Judges:
Bryan CJ, Fyneux and Vavasour JJ
Citations:
[1494] [Co Litt 53a [b]]
Jurisdiction:
England and Wales
Cited by:
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 12 April 2022; Ref: scu.196739