Waste brought against John Exter by the abbot of Waltham, alleging that he had committed waste in a wood to the value of etc. and in a grange to the value of etc. and in certain cottages etc.
Cavendish. As to the wood, no waste committed, ready etc.; as to the grange he showed an indenture from the abbot’s predecessor with the assent of his convent, and that he was to have sufficient timber in a certain wood and then to repair the buildings and we came and asked for the timber and he refused to hand it over to us and so it was by his fault that the grange fell down and we ask for judgment; as to the cottages the tenant died in the Plague and we were unable to find others and so for lack of tenants they fell down.
Belknap. Where he says no waste committed, we say he did; as for the grange you have seen how he has admitted the lease made to him for his lifetime in which case it was permissible for him without any indenture to have taken timber for repair of the buildings without us handing it over and even if we have agreed to hand over timber to him by the indenture that does not excuse him from waste since he could have taken it without us handing it over; judgment.
Cavendish. We have said that you agreed to hand over to us timber from a wood which does not form part of the tenements leased to us, so that we were unable to take anything there without you handing it over and we tell you that there is no timber growing on the tenements leased to us.
Belknap. You never said that before (and see thus that if there had been timber growing on the land he would not have committed waste) and so he said that he attempted to hand over sufficient timber but he refused to receive it unless we would give to him more than seemed sufficient, and so it weas his fault, ready etc.
Citations:
[1370] [Co. Litt. 53a (d)]
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.196943
