A preliminary issue was tried as to whether the plaintiff had an estate or interest entitling him to maintain an action for waste, either voluntary or permissive, against the defendant, who was tenant for life or lives.
Held: On the basis that equity would afford no relief in an action for permissive waste against a tenant for life, and that if there is any variance between the rules of equity and the rules of common law the former must prevail, decided that the action for permissive waste was not maintainable.
Citations:
(1881) 44 LT 809
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, Equity
Updated: 25 November 2022; Ref: scu.196874