If a lessee permit the walls to be in decay for default of daubing, by which timbers become rotten, an action of waste lies. Decision of Court of King’s Bench in banc on writ of error, and the first judgment affirmed accordingly.

Citations:

22 Vin Abr 439, 9 Car 1, (1633-34) 2 Roll Abr 816 case no 37

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.196749

A man brought a writ of waste against a woman and supposed by his writ that she had committed waste in respect of a wall and one hundred apple trees and had cut down one hundred oaks and a grange.
Kirkton. As to the wall we ask judgment if this can be called waste as this is outside the case of the statute; and as to the apple-trees they were uprooted by the great wind and we cut them up etc., judgment if this is waste. As to the grange it was blown down by the wind; as to the oaks we cut them down to repair the grange and the plaintiff took and carried them off; judgment etc.
Belknap. As for the wall he says that it was covered with tile etc. and asks for judgment and seeks that she be convicted etc. As to the apple-trees he says that they were knocked down by the great wind and fell on the crops and many of the roots lay in the ground and we say that the trees bore fruit for two years afterwards until he uprooted them; judgment etc. and we seek that he be convicted. As to the grange he says it decayed for lack of roofing, ready etc. And as she admits the cutting down of the oaks if it be found that she has committed waste in the grange the waste in respect of the oak-trees is sufficiently clearly admitted, and so etc.
Kirton. She will not be convicted of waste of the oak-trees as he himself took them and carried them off (and this was not allowed as for this she would have a writ of trespass against the same plaintiff).
Kirton. It is necessary that he plead with us as by saying that we have made waste in respect of the oak-trees but this was not allowed because if she is convicted of waste in the grange she will be convicted of waste committed in respect of the oak-trees etc.

Citations:

[1370] [Co. Litt 53a [b]]

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.196944

Waste of a messuage. The tenant pleads ‘no waste committed’ and it was found that they were ruinous for lack of roofing within the term but that the buildings were still standing; notwithstanding this it was adjudged waste.

Citations:

[1360] Wast 143 (recte 145 in 1577 edition) [Co. Litt. 53a (a)]

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.196934

Waste brought by a man and alleging that the tenant held by his lease for the term of his life and the tenant came and showed a deed by which the plaintiff and four others had leased the tenements to him for the term of his life, reserving the reversion to all four of them, and asked for judgment of the writ.
Belknap produced a release made by three of them to the fourth rehearsing how they had reserved the reversion and how they had released to the fourth their right in the reversion.
Percy. His writ is false in its contents as it supposes that he holds by his lease alone.
FINCHDEAN, J. What kind of writ ought he to have?
Percy. A writ that is in accordance with the facts of his case.
WITCHINGHAM, J. The writ is not false for even if the others did lease the land with him he did lease it together with them and thus he leased.
Percy. He ought to have had a writ rehearsing the lease and the release made to him in this way and thus would be shown expressly in the writ how the reversion was to him alone for in as much as the three released to him he is in as of their estate, just as if the reversion had been granted to a stranger in which case they would have to have made mention ex assignacione etc. or otherwise the writ would have been bad and so here etc.
FINCHDEAN, J. In a case where the reversion is to two persons and to the heirs of one of them if the one who has the fee make a release to his companion if he wishes to have a writ of waste it is necessary to say that de eo tenet ex assignacione etc. And long ago there was a great debate in chancery on the drafting of the writ in this form. But here all the right of reversion was in his person even if he had others joined with him and even though they have made a release while their right existed the fee continues in him and so the writ seems to us to be good.
Percy. If two parceners lease for a life term and one parcener dies without issue the other parcener will not be able to maintain a writ of waste against the tenant that alleges that he holds of her lease because a moiety is descended to her from her parcener.
FINCHDEAN, J. So she will have even though their right was several because the reversion was continued in them without a severance between them. And in the case where land is leased to someone for the term of their life and after their death to someone else for a term of years a writ of waste has been adjudged against the tenant during the term.
Belknap. If two acquire jointly to themselves and the heir of one of them and lease for a life term the two will have a writ of waste.
And then the writ was adjudged good on this point.
Tauke. Again we ask for judgment of the writ because he has alleged the cutting of willows and that cannot be accounted waste unless they are uprooted. Also he has said that we have cut blackthorns and whitethorns and that cannot be accounted waste.
Belknap. As for the whitethorns we have mentioned a certain number and as to the blackthorns we have supposed that he cut none as wood and underwood generally.
Tauke. The blackthorns are growing in the common of another; judgement if action lies; as for the whitethorns we say that you granted us permission to make our profit by the deed which is here; judgment if that can be accounted waste.
Belknap. We will imparl.
Percy You have seen how he has alleged that we have cut so many cartloads of blackthorns where it should have been so many thorns as one does with other kinds of tree for waste, so that the damages could be assessed more certainly (and this was not allowed). And then he said that thorns are not trees for the purpose of waste, judgment (and it was not allowed). And then he said with respect to an ash of the value of two pence we cut it down and with it made a way at the place and we ask if we are impeachable.

Citations:

[1372] [Co Litt 53a (m)]

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.196945

A man brought a writ of waste against Thomas Grey of York and alleged that he held for a life term by his lease and assigned waste in respect of a house namely in a grange, a hall and a cottage.
Fulthorpe. As for the hall and the grange we tell you that they were weak and the wood rotten at the time of the lease so that they were not able to stand and so subsequently they collapsed and we ask for judgment if we are chargeable with that; as to the cottage we say that you erected it after the commencement of the lease without our agreement and ask for judgment if you can assign waste there.
Hanmer. As for the cottage we wish to prove that there was one at the time of the lease and so it is waste and ask for judgment against you; as for your allegation that the buildings were in bad repair at the time of the lease we respond that by your indenture (which we show) you agreed to repair these buildings and maintain them in as good a state and better than they were when you received them, and thus he is obliged to repair them by his own deed and we ask for judgment whether he is receivable to say that they collapsed through bad repair.
Fulthorpe. Since we have alleged that they were in bad repair at the time of the lease and that they collapsed subsequently through their weakness and this excuses us in this action of waste, as we understand. As to what you say about us agreeing to repair the buildings by our indented deed, that is something that would charge us in an action of covenant and so whatever you may say about this deed there is no law to make me answer it.
WITCHINGHAM, J. Sir, the deed which you produce shows you might have an action of covenant against him in which you would be able to recover only single damages for the breach of the covenant whereas if you were to succeed against him through this indented deed in this writ of waste you would recover triple damages, which would not be right.
And so Ham’. Do you have anything else to say to charge him in this action of waste?
Hanmer. We tell you that at the time of the lease the great timbers were in sufficiently good state and suitable and not perished and subsequently for lack of roofing in your time after the making of the lease they perished by your default. We ask that you be convicted of waste.
Hasty. He does not allege that all the timber was in good condition but speaks only of the great timbers and so what he alleges is not sufficient matter to charge us with waste.
Kirkton. It may be that the great timber was in good condition but the beams were decayed at the time of the lease and so he could not roof the buildings without the beams and was not obliged to substitute others and then roof them, and so.
Hanmer. Then we tell you that after the making of the lease the walls collapsed by his default and so the building collapsed, and thus it is waste.
Hasty. The walls had collapsed at the time of the lease and so the building collapsed since and not by our default, as we are ready etc.
The others to the contrary.

Citations:

[1375] [Co. Litt. 53a (f)]

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.196947

Waste against one alleging that he had felled certain oak trees growing in a wood and also hazels, thorns and willows only in ten acres of land adjoining the wood. He had committed waste by cutting down all the hazels, worth twelve pence each, and also uprooted all the roots and also he had felled all the thorns and willows, each worth four pence, and uprooted all the roots; also he had committed waste in one acre of land by digging and grave under the land and selling it.
Kirkton. He has counted that he has cut down etc. and also uprooted the roots of the hazels and thus he has assigned two causes of waste in a single tree and so we ask that he choose one (and this was not allowed).
Kirkton. As for the two hundred oak trees we only cut down thirty for the repair of buildings; and as for the ten acres these were full of oaks and the hazels, thorns and willows were underwood and by the deed which is here he granted us the right to cut down underwood and make our profit from it and we cut it etc. and we ask for judgment whether this is wrong. As for our uprooting of the roots he ordered us to do this and we did this by agreement etc. and so we ask for judgment; as for the acre of land etc. we tell you that we dug and grava underneath for repair of the buildings and we allowed what was over to lie on the ground without selling any of it, as we are ready etc.
FINCHDEAN, J. If you dug and gravastes more than you needed for the repair of the buildings you committed waste etc.
Kirkton. The fact is that this acre is a valley which is full of water and to drain it we dug there and put part to the repair of the buildings and we left the rest lying on the ground.
FINCHDEAN, J .That is the first you have said of that and so plead that against the other party.
And Kirkton did so.
Finch’. You sold one hundred cart-loads of this and more which you did not use for repair of the houses as we are ready etc. (And the others to the contrary). And as to the oaks he uprooted two hundred more than he used for rebuilding etc. And Finch’ as to that which you said about having uprooted the roots etc. by our assent etc. what do you have to show our assent?
Kirkton. Nothing other than your word and that is enough etc.
Finch’. We did not assent, as we are ready etc.
Kirkton. That is no issue.
FINCHDEAN, J. You should be satisfied that he has offered that averment and so accept it etc. (Implying that if he had demurred for judgment that the defendant would have been convicted of waste).
And so Kirkton says that he did assent, as we are ready etc.
Finch’. As to that which he says about that being underwood etc. we will prove that those ten acres are full of hazels, thorns and willows growing there and there are no other trees there, as we are ready etc.
Kirkton’. We are already at issue on the uprooting of the roots and if verdict is given in our favour that we who are plaintiffs did it with your assent then we will be discharged of waste done on the main trunks of the trees and so it will be in vain to take issue on the felling and so we ask to be discharged of this issue.
And the court discharged him etc.

Citations:

[1367] wast 82, [Co. Litt. 53a (k)]

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.196939

Waste where the count was that he had committed waste in ponds which he held in wardship, namely one pond which he had drained and the other in which he destroyed the fish.
Burgh. The writ does not state whether we are guardian de facto or de jure; judgment of the writ for uncertainty (and this was not allowed).
Burgh. The writ does not speak of ponds but of buildings, woods etc.; judgment of the count (and this not allowed)
Burgh. As to one pond because it was so full of reeds that we could not catch the fishes we allowed the water to run out by a pipe and took the fishes and we tell you that when the plaintiff came of age the pond was properly stocked; judgment if action etc. As to the other pond it was common and is now; judgment etc.
Clopton. We say as to the pond that you sold the fish and it is therefore waste etc. and you took more than was appropriate.
BELKNAP, C.J. Be certain that he could have taken sufficient and have left sufficient and committed no waste and have taken for his store enough as in the case of game animals in a park where even if he take for his larder if he leaves enough this will not be adjudged waste.
Clopton. How will this sufficiency be tried?
BELKNAP, C.J. If he be wise he will take his neighbours and show them in what he has found waste, will have his pond tested and show them what he has found there and then I believe that by their view it can be adjudged whether or not waste has been committed and if enough remains or not. And so you will take issue that the ponds were sufficiently stocked when he came of age and so no waste was committed etc. and the others to the contrary that he left sufficient stock at his coming of age and so issue will be taken on that.
Clopton. He has departed from his count because he declared that waste had been committed in one pond by draining it and now he is at issue on the sufficiency of fish which is another cause.
BELKNAP, C.J. I say for certain that is not waste but good and profitable for fish and necessary that a pond be allowed to dry out for one season in the year as for example one summer or in some places for a whole year because after the fry of the pike has come onto the land it likes to remain there without damage for a good while if the land is good for fish and then come from this to the bank of the water at a sufficient time for fish.
So he took issue as above.

Citations:

[1382] [Co Litt 53a (h)]

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.196948

In a writ of waste the plaintiff counted that he had committed waste in respect of hazels and oak trees. And in respect of all except the hazels Belknap pleaded no waste committed and in respect of them he said that they were growing in a park under great oaks and were of an age to be felled and we ask for judgment whether this is to be adjudged waste.
Kirton. We tell you that there is an area in the wood where the waste is assigned and no oaks grow there and no other large trees except for hazels etc. and he has committed waste and we ask that he be convicted for the waste committed.
Belknap. Since you do not deny that they were of an age for cutting after seven years growth and were then cut since waste is that which is cut and will not grow again but underwood at the end of seven years will be as good as it was at the time of cutting and this cannot be adjudged waste where it is suitable for cutting every seven or ten years.
THORPE, C.J. You who have an estate for term of life cannot allege a prescriptive title that this is not waste.
FINCHDEAN, J. (ad idem). He has said that there were no great trees growing in that area but there was an area growing a certain quantity of wood and whatever wood that was you committed waste if you cut it down.
WITCHINGHAM, J. If the underwood is suitable for cutting every nine years a tenant in dower or tenant for life can cut it down.
But this was denied and the case was adjourned. So query.

Citations:

[1366] [Co. Litt. 53a (l)]

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.196937

Waste in a marsh was alleged, in that the lessee had allowed a sea wall adjoining the marsh to become ruinous, as a result of which the sea had caused damage to the land. Counsel submitted that the allegation was not good, because the overflowing of the sea could not make waste, since the sea could not be controlled. Dyer, J. said that it seemed reasonable that if there were a small breach in the wall which the lessee did not repair, but allowed it to continue, so that after the violence the sea broke the whole wall and surrounded the land, that was waste, because it could have been avoided by thelessee at the beginning. But if it occurred suddenly, that could be pleaded in bar of the accusation. But he said that it would be a rare case and asked the clerks whether they had any precedents of such an allegation: and they answered no.

Judges:

Dyer J

Citations:

Trin 6 Eliz (1564), Moore (KB) 62 no. 173 Waste, 72 ER 442

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.196744

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

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:

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.196743

The court was asked whether a tenant for years was liable for permissive waste.
Held: ‘As to the question, whether the action for permissive waste lies against a tenant for years, all the authorities are collected in the notes to Greene v. Cole, in 2 Saund. 252, where it is stated as clear law, that at common law the action only lay against tenant by the curtesy, tenant in dower, or guardian, but that by the statute of Gloucester, 6 Edw. 1, c. 5, the action is given against lessee for life or years, or tenant pur auter vie, or against the assignee of tenant for life or years for waste done after the assignment. The same authorities are referred to in Vol. 1, p.323 b, where, however, it is said that the point cannot yet be considered as absolutely settled. We are all of opinion, however, that this declaration is defective on general demurrer, for not bringing the case within the class of persons who are liable for permissive waste, for want of an averment that the defendant was tenant for life or years, it being agreed on all hands that a tenant at will is not liable for permissive waste. On this ground there will be judgment for the defendant, without saying anything upon the other point.’

Judges:

Parke, Alderson, Rolfe and Platt BB

Citations:

(1847) 16 M and W 257

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.196723

(Note) With regard to an action for waste: ‘But this action is now very seldom brought, and has given way to a much more expeditious and easy remedy by an action on the case in the nature of waste. The plaintiff derives the same benefit from it, as from an action of waste in the tenuit, where the term is expired, and he has got possession of his estate, and consequently can only recover damages for the waste; and though the plaintiff cannot in an action on the case recover the place wasted, where the tenant is still in possession, as he may do in an action of waste in the tenet, yet this latter action was found by experience to be so imperfect and defective a mode of recovering seisin of the place wasted, that the plaintiff obtained little or no advantage from it; and therefore where the demise was by deed, care was taken to give the lessor a power of re-entry, in case the lessee committed any waste or destruction; and an action on the case was then found to be much better adapted for the recovery of mere damages than an action of waste in the tenuit. It has also this further advantage over an action of waste, that it may be brought by him in the reversion or remainder for life or years as well as in fee, or in tail; and the plaintiff is entitled to costs in this action, which he cannot have in an action of waste . . . . But now it has become the usual action as well for permissive as voluntary waste.’

Citations:

(1670) 2 Wms Saund 252

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.196726

Walter Griffith assigned waste in that the lessee suffered the banks of the River Trent, which flowed through the said lands, to be unrepaired, whereby the water burst the banks and surrounded the lands by default of the lessee. It was held by all the justices that this was waste, because the Trent is not so violent but that the lessee by his policy and industry could well preserve the banks, and cause the water to flow within its limits. But the violence of the sea is such, that it cannot by any policy be restrained; wherefore if by tempestuousness the sea bursts the walls and surrounds the land this is no waste.

Citations:

72 ER 447, 6 Eliz1 (1564), Moore (K.B.) 70 Case No 187

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.196745

In waste the plaintiff counted of the lease of a mill for term of years and assigned waste committed in the floodgates and other things belonging to the mill. And the defendant said that there had been an agreement out of court between the plaintiff and the defendant that he would repair the floodgates in recompense for the remainder of the waste that he had committed and asked for judgment if the action lay and pleaded all this in certain. . .
VAVASOUR, J ‘Sir, in an action relating to permissive waste it is a good bar for the defendant to plead that prior to the acquisition of the writ he has rebuilt the house; . . .’

Citations:

[1498] (recte 13 H7 20) [Co Litt 53a (c)]

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.196741

Waste was brought against one and waste was assigned in respect of a chamber because he had allowed it to fall down for lack of roofing and also in certain cottages, . . .
Newton . . .As for the chamber we tell you that it was unroofed at the time of the lease and beforehand and for lack of great timbers was weak and rotten at the time of the lease and after the lease we roofed it as soon as we could and it did not collapse for lack of roofing after the lease. As for one cottage, the great timber was so weak and so rotten at the time of the lease that it could not stand and so it collapsed; judgment whether waste is to be adjudged against them. . .
Cottesmore. As for the chamber, it fell down for lack of roofing after the lease, as we are ready etc.; as for the cottages, the great timber was not rotten at the time of the lease as we are ready etc.; . . .
So note from this plea that if trees are felled by the wind they belong to the tenant for life and not the reversioner: but query.
The lease was a lease for life. The case was brought and argued on the basis that the tenant is liable where a building falls down in consequence of his not having kept the roof in repair

Citations:

[1429] [Co. Litt. 53a (e) and Viner 442, no. 17]

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.196736

If a lessee allow a chamber to fall into disrepair through a defect of plastering, by which great timbers become rotten and the chamber becomes foul, there lies an action of waste. Decision of the Court of King’s Bench in banc on writ of error, affirming the first judgment.

Citations:

Case no. 36. 22 Vin.Abr. 439, (1632-33) 2 Roll Abr 816, 8 Car 1

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.196748

(Year Books) In waste for a chamber demolished and sold Gower says that at the time of the making of the lease it was very weak and so it collapsed through a storm and we did not demolish it nor did it collapse by our fault. And this was held a good response.

Citations:

[1355] Co Litt 53a (b)

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.196733

(Ct of R) A covenant in a lease to make it void in the case of an assignment by the lessee, did not operate to prevent it being deposited by way of equitable mortgage.

Judges:

Sir G Rose

Citations:

(1836) 2 Deac 14

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 24 November 2022; Ref: scu.188595

LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease- tenant covenant not to remove landlord’s fixtures without consent – whether breach of covenant when entrance door to flat replaced by tenant – whether entrance doors comprise landlord’s fixtures – appeal allowed – section 168(4) of the Commonhold and Leasehold Reform Act 2002

Citations:

[2020] UKUT 138 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 24 November 2022; Ref: scu.650488

PARK HOMES – PITCH FEE REVIEW – increase in line with the retail prices index – increase as a result of the site owner’s improvements

Citations:

[2020] UKUT 142 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 24 November 2022; Ref: scu.650210

Citations:

[2014] UKFTT RP – LON – 00BE –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 24 November 2022; Ref: scu.629973

The court originated the concept in law of a periodic tenancy.

Citations:

(1522) YB 14 Hen 8 f10 pl 6

Jurisdiction:

England and Wales

Cited by:

Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.448472

Waste against an executor de son tort of a term.

Citations:

[1724] EngR 365, (1724) Comb 7, (1724) 90 ER 310 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.389469

Citations:

[2007] EWHC 2963 (Ch)

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993 43(3)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.341754

The parties entered into an agreement allowing the defendant to occupy the plaintiff’s land. They had disputed whether it was a licence or a lease. The occupier had expended sums on improving the premises, but had then been summarily ejected. He now claimed damages. Other premises had become available and he otherwise had no losses, and indeed had not had to pay rent for what should have been his notice period. The court refused to award damages by reference to wasted expenses where the expenses would have been wasted in any event by reason of the terms of the contract.

Judges:

Ackner LJ, Fox LJ

Citations:

[1983] EWCA Civ 5, [1983] 1 WLR 1461, [1983] 3 All ER 94

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Bowlay Logging Limited v Domtar Limited 1978
(Canada) The parties contracted for the claimant to cut timber and the defendant to haul it. The plaintiff said that the defendant breached the contract by supplying insufficient trucks to haul the timber away, and claimed as damages his wasted . .
Cited – L Albert and Son v Armstrong Rubber Co 1949
(United States Court of Appeals, Second Circuit) A purchaser of machines designed to recondition rubber sought damages for breach of contract, namely, the cost of the foundation on which the machines were placed. However, the purchaser did not prove . .

Cited by:

Cited – Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd ComC 4-Aug-2010
Lost Expenses as Damages for Contract Breach
The court was asked as to the basis in law of the principle allowing a contracting party to claim, as damages for breach, expenditure which has been wasted as a result of a breach. The charterer had been in breach of the contract but the owner had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.262668

The plaintiff began an action of debt for rents upon a parol lease. The defendant had by his plea set off a debt by simple contract. On demurrer it was held that a debt of an inferior nature cannot be set off against a superior demand. The reason given was that debt for rent is equal to an action upon a bond. In other words, although the lease was a parole lease it was still equivalent to a specialty when suing for debt and the debt under a simple contract was not of equal degree and for that reason could not be set off.

Citations:

(1734) Barnes 290

Jurisdiction:

England and Wales

Cited by:

Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.247748

A lease may have been surrendered according to the circumstances where the tenant returns his key to the landlord who accepted it.

Citations:

(1860) 8 CB (NS) 496

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.245885

Citations:

(1844) 7 Man and G 576

Jurisdiction:

England and Wales

Cited by:

Applied – Hart v Rogers 1916
The landlord claimed for unpaid rent and the tenant counterclaimed for damages for breach by the landlord of the implied covenant to repair the roof of the premises demised.
Held: The cross-claim was no defence to an action for rent. . .
Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.247753

The landlord served a section 146 notice for breach of a repairing covenant. The lease had been assigned.
Held: The notice should be served on the assignee.

Citations:

[1958] 1 QB 332

Statutes:

Law of Property Act 1925 146

Jurisdiction:

England and Wales

Cited by:

Cited – Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd and Another CA 21-Jun-1979
The plaintiffs granted a business lease to the defendants for three years. The tenant covenanted not to assign the lease without the written consent of the landlord, such consent not to be unreasonably withheld in the case of a respectable tenant. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.245805

The court was asked as to the interpretation of an elderly restrictive user covenant in a lease. The proposed use was by a sub-tenant as a sandwich bar serving ready prepared food, including cooked food, to take away and also to consume on the premises.
Held: (Solicitor’s note of the judgment) ‘I accept that victualler in its strict sense does not necessarily connote alcohol. It is also clear however that victualler can, in context, include that connotation. It is clear from the Oxford English dictionary and various 19th century statutes. I accept Mr Brock’s submissions that the use of victualler to mean any food and drink is wholly inapt in this case because of the specific prohibitions in the remainder of the covenant. I also accept there is some significance in the collocation of the words indicating the view of the draftsman and the parties’ intention to connote liquor. Construing the covenant as a whole, it seems to me that victualler does connote alcoholic liquor. That the sandwich bar does not sell. So the Master was right in his conclusion that there is no breach of covenant.’
As to the expression ‘coffee house keeper’: ‘It is clear from Fitz v Iles that coffee house is not limited to the 17th and 18th century meanings. The Court of Appeal in that case referred to ‘a new fashioned coffee house’ which amounted to food and drink consumption on the premises. I fail to see the distinction between a shop providing those on a self-service basis with waitress service insofar as it applies to a coffee house. There is no evidence in Fitz v lies that the Court of Appeal though that the point was significant. In my judgment, just as in 1892, so in the present time, provision of light refreshments for consumption on or off the premises is reasonably within the covenant. A sandwich bar is engaged in that business. Accordingly, it is a breach of covenant as a coffee house.’

Judges:

Rattee J

Citations:

Unreported, 26 March 1997

Jurisdiction:

England and Wales

Cited by:

Distinguished – Joint London Holdings Ltd v Mount Cook Ltd; Mount Cook Ltd v Joint London Holdings Ltd and Another ChD 2-Mar-2005
A lease created in 1950 included a covenant that the premises should not be used for the business of a ‘victualler, vintner, tavern keeper, vendor of malt liquor, restaurant or coffee house keeper’ without the landlord’s consent. Declarations were . .
Cited – Mount Cook Land Ltd v Joint London Holdings Ltd and Another CA 7-Oct-2005
The head lease contained a covenant against use of the premises as ‘victuallers’. The tenant sublet the premises for use as a sandwich shop. The tenant argued that the word ‘victuallers’ was to be construed only to prevent the use as ‘licensed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.224869

Citations:

[2001] EWCA Civ 1821, [2002] L and TR 16

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.201364

(Year Books) One N. brought an action of waste against J., suggesting that he had cut down certain trees etc. And the defendant pleaded that he had committed no waste. Subsequently at nisi prius in the county he gave in evidence that the plaintiff had leased him a messuage with certain lands for a term of years by a deed and had granted to him that he might cut down trees to repair the house; and he also showed that the house was ruinous at the time of the lease and how he had cut down certain trees to repair it. And the plaintiff demurred on this evidence. And subsequently this was argued in the Common Bench. And BROOKE, J. said . . . And if the house is ruinous at the time of the lease or rotten or consumed and collapses within the term no action lies for this waste for the lessee is not bound to repair unless he agrees this, but he may cut trees and repair with them and justify this in an action of waste. But if the lessee of a park allows the park fence to decay to the point that the park is no longer enclosed an action of waste does lie in respect of a wall or a hedge that is ‘quickset’ and a fortiori if the lessee destroys it, as also if he allows the house to fall into decay.
POLLARD AND ELYOT, JJ. argued like Brooke in effect.

Citations:

[1520] [Co Litt 53a (c)]

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: 23 November 2022; Ref: scu.196742

Waste brought against a man and it was alleged that he had demolished buildings and sold them and that he had cut down the underwood each year, so that it could not grow without being sold and also that he had razed an oven and sold it in the tenements leased to him for a term of years.
Cavendish. As to the buildings they were blown down by a great wind and we ask for judgment
whether they could assign wrong etc.; as to the underwood you have seen how he counted that we cut the underwood although cutting the underwood cannot be adjudged waste etc. and so we ask for judgment if he can have action by this writ of waste etc. and as for the oven you see that it is something that is movable and removable and so we ask for judgment.
Belknap. As for the buildings you have committed waste as we have alleged as we are ready etc.; and as to the underwood as he does not deny the cutting we ask for judgment and asked that he be convicted etc.
Cavendish. If he had counted that we have uprooted the underwood then that would have been a good cause of action etc. because it could not have grown afterwards but not for cutting down as they can grow again.
Belknap. As for the oven since it is something fixed to the free tenement we ask for judgment and ask that he be convicted etc.
Kirkton. If an oven were assigned to a tenant in dower she could not carry it off.
Cavendish. As it is something that can be removed and is removable it is wrong that it should be adjudged waste.
Belknap. It is something fixed to the free tenement and where you say that it can be removed so can a post in a building and also a door or a window but they are still adjudged waste.
Cavendish. As for a door I deny that but in respect of a post I concede it as a post is part of a house.
And the case was adjourned.

Citations:

[1368] [Co. Litt. 53a (k)]

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: 23 November 2022; Ref: scu.196940

(Year Books) The prior of the Hospital of St John brought a writ of waste against one J. and alleged that he had committed waste in certain tenements which he held for the term of his life by the lease of his predecessor, namely in respect of a chamber, a bakehouse, a grange and other buildings to the disinheritance of the said house and hospital . .
Belknap. . . . As to the bakehouse it was so weak at the time of the making of the lease that it fell down and he could not prevent this, and so judgment if you can have action for this etc.
Cavendish. It was in good enough repair at the time of the making of the lease and decayed by your default and thus you committed waste, as we are ready etc.

Citations:

[1368] [Co.Litt.53a (f)]

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: 23 November 2022; Ref: scu.196734

The premises were demised by the plaintiff to the defendant by lease. It was an action on the case in the nature of waste.
Held: ‘Case for permissive waste does not lie against a tenant by lease, who has not covenanted to repair’.

Citations:

(1813) 4 Taunt 764

Jurisdiction:

England and Wales

Citing:

Applied – Countess of Shrewsbury’s Case 1600
A tenant at will is not liable for permissive waste where confidence has not been reposed in him. . .

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: 23 November 2022; Ref: scu.196728

In a writ it was found that he had committed waste in respect of willows to the value of etc. and it was asked of the inquest jury whether it seemed to them that this was waste and they said that they were growing within the view and the site of the manor and for this reason the court adjudged it waste. (As to what is deemed waste see P.E. 12 E.4, f. 1 and f. 26 of this same year there is good matter. See also T.46 E.3, f. 14 etc.)

Citations:

[1366] [Co. Litt. 53a (1)]

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: 23 November 2022; Ref: scu.196936

Landlord and Tenant – Service Charges – Landlord and Tenant Act 1985, s. 27A – Landlord’s legal costs of proceedings before Upper Tribunal under Law of Property Act 1925, s. 84 – Whether landlord’s contractual entitlement to recover such costs under service charge provisions of chalet leases on holiday park precluded by consent order agreed between the landlord and the majority (but not all) of the chalet owners that there be no order as to costs as between the landlord and those chalet owners – FTT determining that legal costs irrecoverable by way of service charge – Appeal dismissed

Citations:

[2021] UKUT 99 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.662185

Judges:

Eady J DBE

Citations:

[2020] EWHC 821 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.650090

Applicant was the personal representative of her mother, who had been the joint owner of a property with her husband, the Respondent (not Applicant’s father). The mother had severed the joint tenancy with Respondent in the 1980s, and a restriction registered to protect her share. After her death, Respondent was able to have the restriction removed by telling Land Registry that he was the sole beneficiary of his late wife’s estate. He had done so after being informed by Applicant’s solicitors that she and her sister had been devised their mother’s share in the property. Applicant applied to reinstate the restriction. Respondent sought to argue that the joint tenancy had not been validly severed. Applicant’s claim succeeded and the restriction was reinstated.

Citations:

[2018] UKFTT 100 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.644526

Determination of the liability to pay and reasonableness of service charges (S27A Landlord and Tenant Act 1985)

Citations:

[2015] UKFTT RP – LON – 00AU –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.626654

Whether a purported break notice validly determined a lease.

Judges:

Neuberger J

Citations:

[2002] EWHC 2835 (Ch), [2003] 2 EGLR 24

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.426527

Dispute over the operation of a rent review clause in the claimant’s lease

Judges:

HHJ David Cooke

Citations:

[2010] EWHC 1654 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.420696

Citations:

[2010] EWHC 480 (Ch), [2011] L and TR 9

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.420751

The court was asked whether the assignee of the reversion of the lease of Wembley stadium was entitled to demand payment of service charges.
Held: There was no basis for challenging the finding of an estoppel by convention, the tenant having dealt with the assignee as landlord.

Judges:

Hughes LJ, Collins LJ

Citations:

[2007] EWCA Civ 1071

Links:

Bailii

Statutes:

Landlord and Tenant Covenants Act 1995 3 6(2) 15(1) 23

Jurisdiction:

England and Wales

Citing:

Appeal from – Wembley National Stadium Ltd v Wembley (London) Ltd and Others ChD 4-Apr-2007
Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.260269

The tenant sought to exercise a break clause in the lease. The landlord replied that it had not complied with its obligations for repair. The tenant said its compliance was sufficient in the material respects necessary.
Held: The tenant had complied sufficiently, and the notice breaking the lease was effective.

Judges:

Thornton QC J

Citations:

[2005] EWHC 2391 (TCC), [2005] 46 EGCS 176

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Littman and Another v Aspen Oil (Broking) Ltd CA 19-Dec-2005
A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read . .
Appeal from – Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd CA 31-Mar-2006
The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.235374

Citations:

[2001] EWCA Civ 496

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 November 2022; Ref: scu.200963

Judges:

Lord Justice Mummery Lord Justice May Lord Justice Judge <

Citations:

[2002] EWCA Civ 1687, [2003] 2 PandCR 292, [2002] All ER (D) 396, [2003] 1 All ER 533

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – First Property Growth Partnership LP v Royal and Sun Alliance Property Services Ltd ChD 8-Mar-2002
The lease contained rent review provisions which required the landlord’s notice invoking the review to be issued within a certain period. The tenant claimed that the notice was issued out of time. The landlord contended that the words of the lease, . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.178475

Long lease of hotel – Construction – Implication of terms – Landlord’s break clause – Whether validly exercised – Completion of development – Time – Prevention principle – Waiver – Estoppel – Valuation – Mesne profits – Repudiation of lease

Citations:

[2021] EWHC 779 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.660804

A lease was granted by the Crown to certain proprietors, for themselves and in trust for the whole other vassals of the Lordship of Dunfermline, of the teinds and feuduties of their lands, in consideration of a cumulo tack-duty of pounds 100. This lease expired on 23d March 1780; but it was admittedly continued by tacit relocation till 1838. In May and June of that year the Crown raised and executed an inhibition of teinds, and also obtained decree in an action of removing, putting an end to the lease as at 23d March 1839, so far as it related to subjects other than teinds. Thereafter the beneficiaries under the lease paid the feuduties due from their lands to the Crown; but no teind duties were paid or claimed till 1868.
In an action at the instance of the Crown, as titular, against one of the vassals of the Lordship of Dunfermline for payment of arrears of surplus teinds since the date of the inhibition- held (affirming judgment) that the defender had a title sufficient to sustain the plea of bona fide perception.

Judges:

Lord Chancellor Cairns, Lord Chelmsford, and Lord Selborne

Citations:

[1874] UKHL 492, 11 SLR 492

Links:

Bailii

Jurisdiction:

Scotland

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.650216

LANDLORD AND TENANT – SERVICE CHARGES – insurance – policy in joint names – implication of terms – conditional obligations in a lease

Citations:

[2020] UKUT 118 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.650180

Appeal relating to a claim for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 in respect of a residential development in London

Judges:

Mrs Justice Falk

Citations:

[2020] EWHC 920 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.650194

judgment on the Defendant’s application under CPR 3.4(2)(a) to strike out the claim on the basis that the Particulars of Claim discloses no reasonable grounds for bringing the claim and/or for summary judgment pursuant to CPR 24.2 on the basis that the Claimants have no real prospect of succeeding in their claim.

Judges:

Mr Roger ter Haar QC

Citations:

[2020] EWHC 19 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.650150

Whether a demand had been made – effect of section 20B of the Landlord and Tenant Act 1985

Citations:

[2020] UKUT 115 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 20B

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.650123

Costs – section 20C Landlord and Tenant Act 1985 – whether costs of managing agents were incurred in connection with proceedings before FTT – if so, whether FTT in subsequent decision correct to allow those costs as relevant costs because they were reasonable in amount and would have been incurred regardless of proceedings – appeal allowed

Citations:

[2020] UKUT 131 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 20C

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.650124

Application To Vary Lease By A Party To The Lease Under Section 35 of The Landlord and Tenant Act 1987

Citations:

[2014] UKFTT RP – LON – 00AS –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.630169

Citations:

[2013] UKFTT RP – LON – 00AJ –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.622765

Southern : Appointment of a manager

Citations:

[2014] UKFTT RP – CHI – 00HN –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.630418

Paragraph 11, of Schedule 5

Citations:

[2014] UKFTT RP – BIR – 00GL –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.629988

London : for The Determination of The Reasonableness of and The Liability To Pay A Service Charge

Citations:

[2015] UKFTT RP – LON – 00BK –

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.626006

Citations:

[2013] EWHC 2169 (Ch), [2014] 1 WLR 920, [2013] L and TR 25, [2014] HLR 2, [2013] 30 EG 78, [2013] 3 EGLR 139

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 19

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.523726

Claim for the enforcement of a money judgment obtained in Arizona

Judges:

Mrs Justice Andrews DBE

Citations:

[2014] EWHC 1460 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.525172

Judges:

Judge Mackie QC

Citations:

[2013] EWHC 153 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.470843

An option in an agreement to take a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1).

Judges:

Proudman J

Citations:

[2013] EWHC 98 (Ch), [2013] WLR(D) 40, [2013] 3 WLR 327, [2013] 1 Ch 525, [2013] 6 EG 105, [2013] L and TR 20

Links:

Bailii, WLRD

Statutes:

Landlord and Tenant (Covenants) Act 1995 28(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.470675

Judges:

Sir Andrew Morritt C

Citations:

[2012] EWHC 3650 (Ch), [2013] 1 WLR 2343, [2013] WLR(D) 7, [2013] L and TR 19, [2013] 13 EG 76, [2013] 1 EGLR 47

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.467650

Claim by the Claimant landlords against the Defendant tenant which concerns the validity of break notices served by the Claimants.

Judges:

His Honour Judge Behrens sitting as a Judge of the High Court

Citations:

[2012] EWHC 3577 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.467115

The tenant served by recorded delivery a counter-notice. On the day it was first delivered, nobody was available to sign for it. The landlord claimed it was out of date.
Held: The statutory fiction was just that. A letter was deemed to be served on the it would have been served in the normal course of events. Delay caused by the recipient being unavailable to sign for it did not affect the date on which it was deemed to be delivered.

Judges:

Mr Justice Patten

Citations:

Times 06-Jun-2002, Gazette 06-Jun-2002, Gazette 13-Jun-2002, [2002] EWHC 925 (Ch), [2002] 1 WLR 2849

Links:

Bailii

Statutes:

Law of Property Act 1925 196(4)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 November 2022; Ref: scu.467209

The owners had bought a cottage to retire to, but allowed their daughter and her husband to occupy the property. The daughter’s marriage failed, and she moved out. The husband remained in occupation with one child of the couple. The couple had paid the outgoings and a reduced rent.
Held: A tenancy had been created, not a mere licence. The fact that an agreement was between members of the same family was not conclusive to say that no intention to create legal relationships existed. The judge had been entitled to conclude from the evidence that exclusive possession had been granted and for a rent.

Citations:

(1990) 22 HLR 496

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.259632

Citations:

[2001] EWCA Civ 323

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.200851

The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was mistakenly calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was held not to have been validly terminated.
Held: The notice would have been read as indicating a desire to break the lease on the effective date, and the error did not operate to defeat it. One of the main purposes of Part II of the 1954 Act is to enable business tenants, where there is no good reason for their eviction, to continue in occupation after the expiration of their contractual tenancies. It is not a purpose of the Act to enable a business tenant who has chosen to determine his contractual tenancy to continue in occupation on terms different from those of that tenancy.

Citations:

[1998] 1 WLR 1583, [1998] EWCA Civ 1091, [1998] 2 EGLR 73, [1998] L and TR 230, [1998] 3 All ER 596

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 26(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Garston v Scottish Widows’ Fund and Life Assurance Society ChD 1996
A lease allowed a break clause to be exercised on six month’s notice. The notice given was calculated by reference to the wrong date, the date of the lease, and not the term contained in it.
Held: The mistake was not sufficiently clear to . .
Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Commercial Properties Ltd v Wood CA 1967
A lease of commercial premises continued automatically under the Act. It became a monthly tenancy with rent payable in advance at the beginning of each mointh. The landlord served a notice under s25 on 4 October 1965 to terminate the tenancy on . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.144570

Judges:

Mr Robert Miles QC (sitting as a Deputy Judge of the Chancery Division)

Citations:

[2013] EWHC 391 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.471316

Judges:

HH Judge Anthony Thornton QC

Citations:

[2011] EWHC 1380 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.444969

Judges:

Mr Justice Tugendhat

Citations:

[2007] EWHC 1853 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.431660

A notice was served under section 146, and specified breaches of the covenant to repair and breach of a covenant against sub-letting. In fact there was no covenant against sub-letting in the lease.
Held: Having regard to earlier cases, the notice was held to be sufficient for the purposes of Section 146. The breach relied upon was accurately set out even though there was an unjustified reference to another alleged breach.

Citations:

[1959] 1 WLR 1060, [1959] 3 All ER 642

Statutes:

Law of Property Act 1925 146(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Woodchester Lease Management Services Ltd v Swayne and Co (A Firm) CA 26-Aug-1998
The parties entered into a regulated copier finance agreement. The defendant defaulted. The plaintiffs served a notice to determine the agreement, but providing what sum was to be paid to continue. The defendant said that the notice specified the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.349085

Claim for service charges under a lease

Judges:

David Blunt QC Recorder and Deputy

Citations:

[1999] EWHC 276 (TCC), [1999] EG 43

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.402973

Citations:

[2007] EWHC 2399 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.341745

K. agrees to let, and P. to take, a house in its unfinshed state, for the term of sixty years, being the whole term that K. has the same leased to him, at the rent of 5251, payable quarterly, the first payment to be made for the half quarter at Christmas next; P. to insure the premises, and to have the benefit of an insurance lately paid : a lease and counterpart to be prepared at the expense of P., and to contain all the clauses, covenants, and agreements K. entered into in the lease granted to him:’ Held, an actual demise, and not a mere agreement for a lease.

Citations:

[1832] 131 ER 369, (1832) 8 Bing 178, [1832] EngR 383

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.296313

Agreement for a lease, with stipulation for the lessee to commence with laying out a cousiderable sum on the premises, (the lease to contain certain specified covenants,) ‘and in the mean time, and until such lease shall be executed, to pay rent, and to hold the same premises, subject to the covenants above mentioned :’-Held, to amount to an actual demise. Use arid occupation lies for construction as well as actual occupation.

Citations:

Commonlii 07-Nov-1829, [1829]130 ER 1259, (1829) 5 Bing 206, [1829] EngR 709

Jurisdiction:

England and Wales

Cited by:

Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.296314

An instrument containing words of present demise will operate as a lease, if such appear to be the intention of the parties, though it contain a clause for a future lease or leases; as where the one thereby agrees to let, and the other agrees to take land for 61 years at a certain rent for building, and the tenant agreed to pay out 2001 within 4 years in building 5 or more houses, and when 5 houses were covered in the landlord agreed to grant a lease or leases, (which might be for the more convenient underletting or assignment of the leases), but this agreement was to be considered binding till one fully prepared could be produced.

Citations:

[1810] EngR 52, (1810) 12 East 168, [1810] 104 ER 66

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Truro Diocesan Board of Finance Ltd v Foley CA 22-Oct-2008
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Held: The tenant had had a full Rent Act tenancy. The Board claimed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.296311

Appeals concerned with two preliminary issues, directed by the Lands Tribunal, to determine: (i) ‘the proper deferment rate to be applied to vacant possession value’; and (ii) ‘the proper valuation of any ‘hope value”. A further general issue has been raised as to the status of the Tribunal’s decision in relation to future cases in the Leasehold Valuation Tribunal.

Judges:

Ward LJ, Carnwath LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 1042, [2008] 2 All ER 220, [2008] 1 WLR 2142, [2007] RVR 314, [2007] 44 EG 180, [2008] 1 EGLR 137, [2008] L and TR 13

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 9

Jurisdiction:

England and Wales

Citing:

At Lands Tribunal – Cadogan and Another v Sportelli and Another LT 15-Sep-2006
LT LEASEHOLD ENFRANCHISEMENT . . preliminary issues – deferment rate – determination of deferment rate – Arbib v Earl Cadogan considered – deferment rate of 4.75% applied to houses and 5% applied to flats – . .

Cited by:

Appeal from – Earl Cadogan v Pitts and Wang; Similar HL 10-Dec-2008
The House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 November 2022; Ref: scu.260050

The Landlord resisted a new tenancy under the 1954 Act saying that it intended to demolish and redevelop.
Held: The lease had provisions which would allow the landlord to do the works required without refusing a renewal. It should be renewed. The 1954 Act is not to be allowed to stand in the way of redevelopment. When construing the Act: ‘One must first look at the apparent policy of the Act. I think that this was to give security of tenure to business tenants so far as that was thought to be reasonably practicable. Security of tenure was no new idea . . In every case one has to examine the relevant Act to find the limits of the security.’ For the purposes of s30(1)(f) the phrase ‘obtaining possession of the holding’ means obtaining legal possession which would yield physical possession rather than simply physical possession of the holding. The House referred to ‘the inherent improbability, upon a purposive construction of the Act as whole, that Parliament should have intended to deny security of tenure to a tenant because the landlord intended to carry out the work upon the premises which he was entitled to do under the terms of the existing tenancy.’ and ‘The ‘holding’ referred to in s. 30 (1)(f) is ex hypothesi one in respect of which there is a subsisting tenancy, since s. 24 (1) extends the current tenancy until the tenant’s application for a new lease has been finally disposed of. ‘Obtaining possession of the holding’ (s.c. by the landlord) must, in my view, mean putting an end to such rights of possession of the holding as are vested in the tenant under the terms of his current tenancy. This is the ordinary meaning of ‘obtaining possession’ in the context of the relationship of landlord and tenant. Moreover, an examination of the Act shows that when the word ‘possession’ is used it means the legal right to possession of the land.’ ‘

Judges:

Lord Reid, Lord Kilbrandon, Lord Morris

Citations:

[1973] AC 498

Statutes:

Landlord and Tenant Act 1954 30(1)(f)

Jurisdiction:

England and Wales

Cited by:

Cited – Pumperninks of Piccadilly Ltd v Land Securities Plc and others CA 10-May-2002
The tenant sought a renewed tenancy under the Act, and the landlord opposed it saying that the property was to be redeveloped. The tenant contended that since his was an ‘eggshell’ tenancy, having a tenancy of surfaces within the property and not . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 18 November 2022; Ref: scu.180937

Application for leave to appeal against dismissal of claim to Lands Tribunal.

Citations:

[1998] EWCA Civ 793

Jurisdiction:

England and Wales

Citing:

Cited – Rees-Davies v Lord Mayor and Citizens of the City of Westminster LT 31-Dec-1994
. .

Cited by:

Leave to appeal – Personal Representatives of W R Rees Davies Deceased v City of Westminster CA 27-Aug-1998
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 18 November 2022; Ref: scu.144271

The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect of success.
Held: Where the landlord had expressed intention to commence business from premises after expiry of the lease and wanted occupation, the court should not enter into detailed examination of prospects of success

Judges:

Hirst, Auld LJJ

Citations:

Times 24-Apr-1998, [1998] EWCA Civ 621, [1998] 2 EGLR 75

Statutes:

Landlord and Tenant Act 1954 30 (1)(g)

Jurisdiction:

England and Wales

Citing:

Cited – Cunliffe v Goodman CA 1950
Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a . .
Cited – Gregson v Cyril Lord Ltd CA 1962
A landlord opposing the grant of a new tenancy on the basis that he wished to conduct his own business from the premises, need not show that everything is in place to conduct the new business, but must be able to show that most obstacles to starting . .
Cited – Reohorn v Barry Corporation CA 1956
As to the landlord’s intention to reconstruct the premises on opposing a renewal: ‘[a] man cannot properly be said to ‘intend’ to do . . work when he has not got the means to carry it out. He may hope to do so; he will not have the intention to do . .
Cited – Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd HL 1958
On a renewal of a tenancy a landlord’s counter-notice under section 26(6) relied on section 30(1)(f) and (g).
Held: (Lord Keith dissenting) The court was bound to have regard to the position as it was on the date of the order. The landlord . .
Cited – Edwards v Thompson CA 1990
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 18 November 2022; Ref: scu.144099