Anon 2 Mar 1: 1554

It was held by the Chief Justice that the erasing of a new frame, which was never covered, is not waste. But it was agreed that if a house be ruinous for default of any covering at the time of the death of the lessor, and afterwards the tenant suffer it to be more ruinous, for the new ruin the heir shall have an action of waste: for this is waste which continues: for the decay which came in the time of the heir, the heir shall have an action of waste: it is otherwise in the case of the waste which existed in the lifetime of his father.

Citations:

22 Vin Abr 447, 73 ER 930, (1554-55) Brooke’s new cases 190

Jurisdiction:

England and Wales

Cited by:

CitedDayani 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.196743