18 H. 6. 33b: 1440

A very long scire facias case mainly concerned with other matters. Viner is picking up a passing reference in an argument by Markham that runs as follows: Markham. In a writ of waste brought against me I may well plead that at the time the lease was made the building was ruinous and then collapsed or that it was knocked down by a sudden chance or burned by lightning and ask for judgment if action lies and will not be compelled to take the common issue ‘no waste committed’ because the lay men cannot judge whether this is waste or not. So also here.

Citations:

[1440] [Viner, 449, no. 3]

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: 06 May 2022; Ref: scu.196964