13. H.7.21: 1498

In waste the plaintiff counted of the lease of a mill for term of years and assigned waste committed in the floodgates and other things belonging to the mill. And the defendant said that there had been an agreement out of court between the plaintiff and the defendant that he would repair the floodgates in recompense for the remainder of the waste that he had committed and asked for judgment if the action lay and pleaded all this in certain. . .
VAVASOUR, J ‘Sir, in an action relating to permissive waste it is a good bar for the defendant to plead that prior to the acquisition of the writ he has rebuilt the house; . . .’

Citations:

[1498] (recte 13 H7 20) [Co Litt 53a (c)]

Jurisdiction:

England and Wales

Cited by:

CitedDayani 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: 24 November 2022; Ref: scu.196741