Meade, Serjeant, moved this case at the bar: A man made a lease for years by indenture of a messuage and divers lands, with this clause in it, s. that if it happen the lessee to do any waste in and upon the premises, it shall be lawful for the lessor to re-enter and c. The lessee suffered the house to fall in for want of covering and repairs; Whether the lessor for this matter of negligent and permissive waste (which does not consist in feasance according to the words of the condition, which shall be taken strictly, and most strong against the lessor) may re-enter or not? And Welsh and Dyer thought prima facie that he might, for such waste is punishable by the statute of Gloucester [Marlborough, c. 23], the words of which are, ‘Vastum vendic’ seu destruction, facere de terris domibus and c.’ Also this word (any waste) is general and indifferent to either of the two kinds of waste, s. voluntary or negligent, and c. wherefore and c quaere.
Citations:
(1568) 3 Dyer 281b, 73 ER 632, Mich 10 and 11 Eliz
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: 25 November 2022; Ref: scu.196746