This was an action on the case in the nature of waste. The first count alleged that the defendant was a tenant for a certain term and had committed voluntary waste. It was alleged that the defendant was a tenant for a certain term and had committed voluntary waste. It was proved he was a tenant at will.
Held: Being of the opinion that dilapidations proved amounted only to permissive waste, the court nonsuited the plaintiff. Although an action on the case in the nature of waste might be maintained for commissive waste, the court had never known an instance of such an action being maintained for permissive waste only. On a motion to set aside the nonsuit, the same judge observed that if the action were maintainable, such an action might be brought against a tenant at will who omitted to repair a broken window. He thought the action was an innovation.
Judges:
Sir James Mansfield CJ
Citations:
(1805) 1 Bos and Pul (NR) 290
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: 26 November 2022; Ref: scu.196727
