A tenant for years was liable for permissive waste: ‘Actual waste, that is to say, waste committed by him, would of course render him liable to eviction; but it is said that that does not apply to a case of this kind – that a lessee for years is not liable to an action for permissive waste – that is to say, for allowing waste which has not come about by his own acts, but comes about by a revolution, or by wear and tear, or by the action of the elements, or in any other way not being his own act.’
Judges:
Kekewich J
Citations:
(1888) 38 Ch D 499
Jurisdiction:
England and Wales
Citing:
Cited – Yellowly v Gower CEC 1855
A tenant for years was liable for permissive waste: A doubt has been stated indeed in a note to 2 Saund. 252b, whether a tenant for years is liable for permissive waste . . .These doubts arise from three cases in the Common Pleas: Gibson v. Wells 1 . .
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.196725