Waste brought against a tenant for term of years for the cutting down of one hundred oaks and allowing the wood to lie unenclosed so that animals have eaten the shoots of the said wood so that they have ceased to grow.
Danby It was not the practice in such cases until recently to count in this way but to count generally that he has felled the trees and destroyed the underwood and the shoots; no more than one would mention it in the count if it was a stranger who came on to the land and felled the wood; but it is now the practice to count thus about ‘allowing’.
MARTIN, J. It is a good practice for if he counts generally in this case and the other plead ‘no waste committed’ the lay men will perhaps find that none was committed . . .
And then MARTIN, J. ordered Rolf to plead in respect of the shoots.
Rolf. As to them we tell you that our servants when they carted away wood negligently left the gates to the wood open and animals entered and ate the shoots but they grew back and we committed no other waste.
Fulthorpe. We ask that he be convicted on his own admission because if the animals have eaten the shoots they will never afterwards become timber but only shrubs.
Rolf (maintaining our claim that the animals entered the wood by the negligence of our servants and ate the shoots and they grew again afterwards) by way of plea we say no waste committed.
MARTIN, J. If in your protestation you admit waste the plaintiff will be able to take advantage of this as much as if you had admitted it in your plea; and so etc.
And then Rolf. No waste committed in the manner etc., as we are ready etc.
Danby. Nothing will be entered on the roll except generally ‘no waste committed’.
Citations:
[1432] [Co Litt 53a (i) and Viner 438 no 10]
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.196737