Waste brought against a man and it was alleged that he had demolished buildings and sold them and that he had cut down the underwood each year, so that it could not grow without being sold and also that he had razed an oven and sold it in the tenements leased to him for a term of years.
Cavendish. As to the buildings they were blown down by a great wind and we ask for judgment
whether they could assign wrong etc.; as to the underwood you have seen how he counted that we cut the underwood although cutting the underwood cannot be adjudged waste etc. and so we ask for judgment if he can have action by this writ of waste etc. and as for the oven you see that it is something that is movable and removable and so we ask for judgment.
Belknap. As for the buildings you have committed waste as we have alleged as we are ready etc.; and as to the underwood as he does not deny the cutting we ask for judgment and asked that he be convicted etc.
Cavendish. If he had counted that we have uprooted the underwood then that would have been a good cause of action etc. because it could not have grown afterwards but not for cutting down as they can grow again.
Belknap. As for the oven since it is something fixed to the free tenement we ask for judgment and ask that he be convicted etc.
Kirkton. If an oven were assigned to a tenant in dower she could not carry it off.
Cavendish. As it is something that can be removed and is removable it is wrong that it should be adjudged waste.
Belknap. It is something fixed to the free tenement and where you say that it can be removed so can a post in a building and also a door or a window but they are still adjudged waste.
Cavendish. As for a door I deny that but in respect of a post I concede it as a post is part of a house.
And the case was adjourned.
Citations:
[1368] [Co. Litt. 53a (k)]
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: 23 November 2022; Ref: scu.196940