Limits to Tenant’s Powers as Devisee
‘It is generally true that the lessee has no power to change the nature of the thing demised; he cannot . . decay the pale of a park, for then it ceases to be a park, nor may he drive away the stock . . because it disherits and takes away the perpetuity of succession . .
A lessee may build a new house where none was before, but that must be every way at his own charge: he must not take either timber or other wastable things to build or repair it . . And yet if he keep it not in repair, an action of waste lies. . .’
80 ER 380, (1617-18) Hobart 234 Case 296, Hil 15 Jac 1
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
Leading Case
Updated: 01 November 2021; Ref: scu.196747
