Waste: where it was found by an inquest where the party pleaded that no waste had been committed that in respect of a kitchen that was burned by a woman who was a stranger without the knowledge of the defendant because they lived elsewhere and to rebuild this kitchen he had cut oaks in a wood and the hedge around the close and that the house is now better than it was before the fire and that he had also cut down and sold a certain number of oaks in a wood around the close and cut down some for repair of buildings and cut down some which were still lying there unsold.
Pole asked for judgment on the verdict for the plaintiff because all that is found will be adjudged waste because of the form of his plea because the defendant ought to have pleaded it specially if he wished to take advantage of it.
WILLOUGHBY, J. The fire is waste for lack of proper keeping.
Thorpe. Recently here in a writ of waste it was found by an inquest taken by default that galleys came to the sea coast and burned down a manor and it was adjudged no waste; so also here.
WILLOUGHBY, J. The party could not have prevented the galleys. But do you believe that if your servant lodges a stranger who burns down the buildings that this will not be adjudged waste? (As if to say, hardly not). So the fire will be adjudged waste and so the kitchen has been wasted but the cutting down of trees for rebuilding is not waste; and as to that which has been cut down but not sold that is waste.
And that which was cut down for repairs (even though that was not specially pleaded) is adjudged no waste: so the court adjudged that the plaintiff recover the place wasted and damages in triplicate.
Citations:
[1345] Wast 30
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 May 2022; Ref: scu.196930