A writ of waste was brought and it was alleged that he had committed waste in lands that he held for the term of life and it was assigned that he had committed waste in respect of a grange.
Cavendish. The waste that was committed in the grange was the result of a great storm before the lease began; judgment if we have committed any wrong.
Belknap. We leased the land by indented deed (which is here) and he agreed by the same deed to repair the buildings and everything else and to maintain them during his term and to leave them at the end of his term in as good a state as when he took them; and so since he obliged himself by his own deed to maintain the buildings no plea that he has pleaded can excuse him from waste (and this was not allowed because law discharges him of waste that happens in this way because it happens by sudden chance).
Then he said that the grange was not maintained in respect of its roofing and it decayed for lack of roofing and so he committed waste etc.
Cavendish. It was well and suitably roofed as we are ready to prove etc.
The others to the contrary etc.
Citations:
[1369] [Co. Litt. 53a (g)]
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: 24 November 2022; Ref: scu.196942